R. RAJENDRAN Vs. BAGAVAR SINGH

JUDGEMENT

(1.) THE concurrent Judgments and decrees passed in Original Suit No. 229 of 2002 by the Principal District Munsif Court, Valangaiman at Kumbakonam and in Appeal Suit No. 95 of 2006 by the Principal Sub Court, Kumbakonam are being challenged in the present second appeal.

(2.) THE appellant herein as plaintiff has instituted Original Suit No. 229 of 2002 on the file of the trial Court for the relief of permanent injunction, wherein the present respondents have been shown as defendants.

(3.) IN the written statement filed on the side of the defendants, it is averred that the plaintiff has not been enjoying the suit properties as a tenant of the Mutt mentioned in the plaint. As per partition deed dated 14.09.1946 only eldest member of the families of Venkatachalam and Kathaperumal has to manage the Mutt with the consultation of remaining members. Since the suit properties are not in possession and enjoyment of the plaintiff on the basis of alleged lease deed, he is not entitled to get the relief of permanent injunction and therefore the present suit deserves to be dismissed.