M BALASUBRAMANIAM Vs. ARULMIGHU CHAMUNDIAMMAN THIRUKOIL

JUDGEMENT

(1.) The above revision has been preferred by the plaintiffs challenging the judgment and decree dated 2.12.99 made in O.S. No.240/98 on the file of the first Additional District Munsif Court, Erode. This revision has been preferred under Section 115 of The Code of Civil Procedure read with Section 6 of The Specific Relief Act.

(2.) Heard the learned counsel appearing for the petitioners and the respondents. For convenience the parties will be referred as arrayed before the trial court.

(3.) The petitioners herein as plaintiffs instituted the suit O.S. No.240/98 under Section 6 of The Specific Relief Act, 1963 for recovery of possession and alleging that he has not been dispossessed with his consent otherwise than in due course of law. The petitioners claim that they were in possession and they are entitled to be in possession, but they have been forcefully dispossessed from the suit property otherwise than in due course of law and, therefore, they are entitled for recovery of possession. The summary remedy under Section 6 of The Specific Relief Act, 1963 has been resorted to by the petitioners/plaintiffs.