LAWS(MAD)-2013-1-208

PADMAVATHY Vs. P.THIRUTHUVARAJ

Decided On January 22, 2013
PADMAVATHY Appellant
V/S
P.Thiruthuvaraj Respondents

JUDGEMENT

(1.) THIS application has been filed for grant of interim injunction restraining the respondents, their men and agents and any persons claiming under them from interfering with applicants' peaceful possession and enjoyment of the schedule G property, pending disposal suit. This application has been moved for grant of interim injunction restraining the respondents, their men and agents and any other persons claiming under them from dealing with the schedule G and Schedule-F property including creating any further encumbrances, pending disposal of the suit.

(2.) THE plaintiffs/applicants have filed suit for declaration, that the plaintiffs 2 to 4 are the absolute owners of the Schedule-F property and as such entitling to take the vacant possession of the Schedule-F property from the defendants. Consequential relief of mandatory injunction is also prayed for directing the defendants to vacate and deliver the vacant possession of the Schedule-F property to the plaintiffs 2 to 4 by removing the illegal constructions put up in the Schedule-F property.

(3.) IT is pleaded case of the plaintiffs/applicants, that the property described in Schedule-A was originally owned by Thiru Munusamy, who purchased the property vide sale deed dated 07.11.1900. After the death of Thiru Munusamy, his son Thiru Ponnusamy sold the land measuring 37.5 cents in the Schedule-A property to the ancestors of the 1st plaintiff's mother, i.e. Elangali Ammal, namely, Rajammal and Muniammal vide sale deed dated 07.04.1925.