KALIYAPPAN Vs. EDUMBAN

JUDGEMENT

(1.) At the time of admission of this second appeal, the Court heard the learned Counsel for the appellant.

(2.) It was a suit filed by the appellant/plaintiff seeking the relief of permanent injunction stating that the suit property exclusively belonged to him; that he has been in lawful possession of the same all along; that his possession was attempted to be interfered with, and hence, his rights are to be protected by way of a permanent injunction. The suit was resisted by the respondents/defendants stating that the property belonged to all the parties; that it was a joint one, and joint patta has also been issued in favour of all, and hence, the case of the plaintiff as to the exclusive title and possession to the property was not correct, and hence, the suit was to be dismissed.

(3.) The trial Court framed the necessary issues, tried the suit and decreed the suit in favour of the appellant/plaintiff granting the relief as asked for. Aggrieved defendants took it on appeal before the Sub Court, Kulithalai in A.S.No.266 of 1995, and on consideration of the available materials, the learned Subordinate Judge reversed the judgment of the trial Court and dismissed the suit. Hence, the aggrieved plaintiff has brought forth this second appeal.