GOWRI RAJES Vs. RADHIKA RAJA

JUDGEMENT

(1.) The defendant in O.S.No.751 of 1990 on the file of the Principal Sub Judge, Salem, is the appellant in Tr.A.S.No.891 of 1995 and the respondents 5, 6 and 8 in I.A.No.459 of 1990 in I.A.No.616 of 1976 in O.S.No.515 of 1975 on the file of the Principal Subordinate Judge, Salem, are the revision petitioners.

(2.) O.S.No.751 of 1990 was filed by the 1st respondent/plaintiff and the case of the 1st respondent/plaintiff is as follows:-

(3.) The defendant filed a statement admitting the preliminary decree and the final decree passed in I.A.No.616 of 1976 and also amended final decree passed in I.A.No.1567 of 1980 on 15.12.1980, but contended that S.No.38/1, was having a total extent of 270.62 acres and that is situate in Northernchedu Village, Yercaud Taluk and the entire extent was enjoyed by the owners of Mohanaad Peak Estate and while passing the amended final decree in O.S.No.501 of 1975, 2.70 acres in S.No.38/1 situate in Northernchedu Village was allotted to the Mohanaad Peak Estate and that was also evidenced by the amended final decree passed in O.S.No.501 of 1975 and excluding 2.70 acres in S.No.38/1, the plaintiff and his daughter are enjoying the remaining extent of the property in S.No.38/1 and the defendant also obtained permission from the Collector for cutting trees in 2.70 acres in S.No.38/1 and therefore, the plaintiff is not entitled to the relief of injunction in respect of 2.70 acres in S.No.38/1 and in respect of other properties, the defendant has no objection for passing a decree.