N. DHARA Vs. G. SRINIVASA

JUDGEMENT

(1.) The appellants 1 and 2 are the defendants in O.S.No.1562/1997 on the file of the District Munsif cum Judicial Magistrate, Ambattur (transferred O.S.No.164/1994 on the file of the District Munsif, Poonamallee). The respondent/plaintiff filed the suit for a permanent injunction restraining the appellants 1 and 2 from interfering with his peaceful possession and enjoyment of the suit property. During the pendency of the present second appeal, the first appellant died and her legal heirs were brought on record as appellants 3 to 6.

(2.) For the sake of convenience, the parties are referred to as per their ranking in the trial court and at appropriate places, their rank in the present appeal would also be indicated.

(3.) The case of the plaintiff in nutshell is as follows: The suit property and the properties adjacent to it were originally owned by the plaintiff's father Gopi Naidu. Gopi Naidu and his sons including the plaintiff partitioned the entire properties belonging to their family through an unregistered partition deed dtd. 26/12/1974, whereby 28 cents of land in Survey Number 68/1 (the suit property) and 21 cents in Survey No.66/2 of Ayapakkam Village were alloted to the share of the plaintiff. According to the plaintiff, ever since the date of partition, he has been in possession and enjoyment of the suit property and that the defendants, on the basis of a sale deed executed by one of the brothers of the plaintiff, are attempting to interfere with his peaceful possession and enjoyment of the suit property. He, therefore filed the suit.