ARULMIGHU PALAPATTARAI Vs. PAPPAYEE

JUDGEMENT

(1.) The 1st defendant is the appellant in this Second Appeal.

(2.) The 1st and 2nd respondents/plaintiffs filed the suit seeking for the relief of permanent injunction against the 1st defendant and to restrain the 1st defendant from interfering with the usage of the suit property by putting up any structure or barricade and thereby, prevent the ingress and egress to the property belonging to the plaintiffs. The plaintiffs also sought for the relief of mandatory injunction to restore the suit AB portion to its original position.

(3.) The case of the plaintiffs is that they became entitled to the properties on the demise of their mother on 20/1/1984. According to the plaintiffs, the portion shown as AB in the rough plan filed along with the suit is a street called as Mariamman Koil Street which is classified as a Poramboke in the revenue records and it is a public street vested with the 2nd defendant Municipality. On the southern side of this street exists the Mariamman Temple at S.No.43. The street is in S.No.42 and the schedule properties are in S.Nos.30, 31 and 32.