CHOCKALINGAM Vs. MERCY AMMAL

JUDGEMENT

(1.) The defendants are the appellants herein.

(2.) The plaintiffs filed O.S.No.196 of 1995 before the District Munsif Court, Sivakasi for bare injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the suit schedule properties. The trial Court decreed the suit. As against the same, the defendants 2 to 5 filed A.S.No.63 of 1999, before the Sub-Court, Sivakasi. The learned Subordinate Judge concurred with the findings of the trial Court and dismissed the first appeal. As against the said judgment and decree, the present second appeal has been filed by the defendants.

(3.) The plaintiffs have contended that the suit schedule properties originally belonged to one Subbammal and she had alienated the property in favour of the plaintiff on 6/3/1952 under Exhibit A1. The plaintiffs further contended that they are in possession and enjoyment of the same and a patta has also been granted in their favour under Exhibit A2. The plaintiffs further contended that they are paying kist receipts under Exhibit A3.