PACHIAPPAN Vs. MUTHU UDAYAR

JUDGEMENT

(1.) THE appellants / defendants 2 to 5 / respondents 2 to 10 have filed the Second Appeal challenging the judgment and decree dated 12.01.2004 rendered in A.S.No.169 of 1999 on the file of Additional District court, Salem, modifying the judgment and decree dated 26.07.1999 made in O.S.No.888 of 1994 on the file of I Additional District Munsif Court, Salem.

(2.) THE plaintiff-Muthu Udayar filed the suit in O.S.No.888 of 1994 seeking for a declaration that the suit property situated at Salem Taluk, Thadampatti Village, R.S.No.13/4 an extent of AC 2.29, belongs to him and for consequential injunction restraining the defendants from interfering with his peaceful possession and enjoyment of the suit property. The plaintiff also sought for mandatory injunction, seeking restoration of the obliterated private cart track by the defendants and in case of failure permission to restore the cart track by the plaintiff at the cost of the defendants.

(3.) AGGRIEVED over the judgment and decree passed by the first appellate court, the defendants 1 to 5 / respondents 2 to 10 have filed the second appeal raising the following substantial questions of law:-