SOORATTAIANNAN ALIAS SENGALAIYAPPA GOUNDER Vs. S NATARAJAN

JUDGEMENT

(1.) The defendants in the suit are the appellants herein. The present second appeal has been filed against the concurrent finding of both the courts below.

(2.) The respondent herein has filed the suit for bare injunction to restrain the appellants from interfering with his peaceful possession and enjoyment of the suit property. The appellants herein have contested the suit that they are cultivating tenant and the civil Court has no jurisdiction.

(3.) Before the trial court, the respondent herein has marked Exs. A1 to A30 and examined himself as PW1 and one Sundaram as PW2. The appellants herein have marked Exs. B1 to B9 and examined the 2nd Defendant as DW1 and Nanjukutti Gounder, Velumani and Parimalam as DWs 2 to 4 respectively. The trial court, after consideration of the oral and documentary evidence has decreed the suit as prayed for. Aggrieved by the decree and judgment passed by the trial court, the appellant herein has preferred A.S. No. 215 of 1991 on the file of the Principal Subordinate Judge, Coimbatore, which dismissed the appeal confirming the decree and judgment passed by the trial court, hence this second appeal.