S. MEENAKSHI SUNDARAM Vs. THE EXECUTIVE OFFICER

JUDGEMENT

(1.) The plaintiffs in the original suit O.S.No.53 of 2000 on the file of the Court of District Munsif, Rasipuram are the appellants in the second appeal. They had filed the above said suit against the respondent herein for a permanent injunction restraining him or any person acting on behalf of or claiming through the respondent herein, from in any way interfering with the peaceful possession and enjoyment of the suit property by providing any hindrance to such possession or by trespassing into the suit property and also for costs.

(2.) The suit was resisted by the respondent herein contending that the plaintiffs, by filing the present suit had made an attempt to stake claim to a part of a property which was lost by their father in an earlier suit viz., O.S.No.58/1979 decided by the very same court and contending further that the suit property of the present suit was nothing but a part of the property that was the subject matter of the above said former suit.

(3.) The appellants/plaintiffs, on the other hand, have contended that the earlier suit was filed by their father in respect of an extent of 14 cents of land in which the over head tank belonging to the respondent panchayat is located and that the said property abuts Oduvankurichi road whereas the present suit property is 4725 sq.ft.(1750+1800+1175) of land which is lying on the east of the property which was the subject matter of the earlier suit.