KANNAN Vs. GOVINDASAMY

JUDGEMENT

(1.) In a suit for permanent injunction, the defendant successfully resisted the same before the trial Court, failed to oppose the appeal successfully and the result was, the suit was decreed as prayed for. Aggrieved by the first appellate court's judgment, the defendant has come to this Court as appellant.

(2.) The plaintiff/respondent is the brother-in-law of the defendant/appellant. Admittedly, the suit property, an extent of 3 acre 28 cents in Survey No.143/13 situate at Kothavacheri Village, Cuddalore Taluk belongs to the defendant. The defendant is working elsewhere at Cuddalore and the plaintiff is the resident of the suit village.

(3.) The plaintiff, claiming to be in possession of the suit property, on the basis of tenancy, alleging that lawful and legal possession was attempted to be disturbed, has filed the suit for bare injunction before the District Munsif Court, Cuddalore in O.S.No.709/90.