MUTHUKRISHNAN Vs. NATESAN

JUDGEMENT

(1.) This judgment shall govern the second appeal No.865 of 1993 and W.P.No.35122 of 2003.

(2.) This second appeal is directed against the judgment of the learned Subordinate Judge, Vridhachalam made in AS No.45/91 reversing the judgment of the trial court in a suit for declaration and injunction, wherein the decree was granted in favour of the appellant/plaintiff.

(3.) The following shorts facts would be suffice for the disposal of this Second Appeal: The suit property situated in Government poramboke was assigned in favour of the plaintiff under D.K.T.No.149/90 dated 12.5.1981, which was marked as Ex.A.1. From the date of assignment, the plaintiff has been in possession and enjoyment of the suit property by paying kist all along. The defendants 1 to 3, who are the respondents herein without any manner of right or interest over the suit property, have attempted to interfere in the peaceful possession and enjoyment of the property by the plaintiff. Under the stated circumstances, there arose a necessity for filing the suit seeking for declaration and for consequential permanent injunction.