SANTHA Vs. GOVINDAN

JUDGEMENT

(1.) THE above Second Appeal arises against the judgment and decree passed in A.S.No.59 of 2005 on the file of Additional Subordinate Court, Pondicherry confirming the judgment and decree passed in O.S.No.596 of 1999 on the file of Additional District Munsif Court, Pondicherry.

(2.) THE defendants are the appellants and the respondent was the plaintiff in the suit.

(3.) ACCORDING to the plaintiff, he took possession of the property as lessee and has been carrying on business in the said place by paying monthly rent to the defendants. While so, since the defendants tried to interfere with his possession, he filed a suit for bare injunction restraining the defendants from interfering with his possession. Further, according to the plaintiff, when the suit was disposed of, an appeal was filed before the lower appellate court and the lower appellate court set aside the judgment and decree of the trial court and remanded the matter back to the trial court. According to the plaintiff, the defendants took forcible possession of the suit property from the plaintiff, therefore, the plaintiff amended the prayer for recovery of possession.