G SELVAM Vs. RAJARATHINAM

JUDGEMENT

(1.) Selvam, the first defendant is the appellant.

(2.) Rajarathnam and three others, namely the respondents 1 to 4, filed the suit in O.S.No.395 of 1993 for the relief of permanent injunction against Selvam, the appellant herein and another and the same was decreed in favour of the plaintiffs. The appeal has been filed only by Selvam, the appellant herein before the lower appellate Court, which in turn dismissed the same. Hence, this second appeal by the first defendant.

(3.) According to the plaintiffs, the suit property which is an extent of 18.5 acres in R.S.No.798/11, was purchased by the first plaintiff's husband, namely Pangiraj, through three sale deeds and from then onwards, they have been in enjoyment and possession of the property. When there was a disturbance to their possession, the suit was filed in O.S.No.221 of 1978 against the defendants and others, for declaration. After contest, the trial ended in favour of the plaintiffs and accordingly, a decree for declaration was granted. After the death of Pangiraj, the respondents 1 to 4/plaintiffs have been in possession. On 31.5.1993, the plaintiffs tried to put a fence on the suit property. The defendants prevented the same and made an attempt to interfere with the possession of the respondents 1 to 4. Therefore, they have filed the present suit for permanent injunction.