SAM CHANDRA MOHAN SINGH Vs. NAGERCOIL MUNICIPALITY

JUDGEMENT

(1.) This Second Appeal has been filed challenging the concurrent findings of the Courts below. The appellants are the plaintiffs in the suit. They had filed a suit in their representative capacity for and on behalf of the CSI church, who is the owner of the suit A schedule property.

(2.) The dispute pertains to the suit B schedule property. The suit was filed for permanent injunction as well as for mandatory injunction. In the permanent injunction relief, the appellants/plaintiffs had sought to restrain the respondents 2 to 6/defendants 1 to 5 from putting up any construction in the suit B schedule property as the said property does not belong to them. It is also the case of the appellants/plaintiffs that if construction is put up by the respondents 2 to 6 (defendants 1 to 5), the entry to the church which is situated in the suit A schedule property will get affected. Apart from seeking the relief of permanent injunction, the appellants/plaintiffs also sought for the relief of mandatory injunction to direct the respondents 2 to 6/defendants 1 to 5 to demolish the alleged unauthorized construction put up by them in the suit B schedule property.

(3.) A written statement was also filed by the defendants 1 to 5 denying the contentions of the appellants/plaintiffs. The sixth defendant Municipality also filed a separate written statement in the suit claiming that they are the owners of the suit B schedule property.