ABHIRAMI FOUNDATIONS Vs. K. COWNDAMANI

JUDGEMENT

(1.) The defendants 1 and 4 in CS No.509 of 2011 are on Appeal challenging the decree for recovery of possession, permanent injunction, damages towards illegal occupation and mandatory injunctions directing the return of the original documents granted in favour of the plaintiffs. The parties will be referred to as per the ranks in the suit.

(2.) The suit came to be filed by the plaintiffs claiming the reliefs aforesaid on the following backdrop:

(3.) The suit was resisted by the defendants 1, 4, 5 and 8 alone while defendants 2, 3, 6 and 7 remained ex-parte. The contesting defendants filed a written statement contending that there is no cause of action for the suit, the plaintiffs have come to Court with unclean hands since they had suppressed material facts. The filing of the suit in CS No.106 of 2006 was projected as a bar for a suit for the relief of possession which, according to the defendants, was available to the plaintiffs even in the year 2006 when they filed the suit for bare injunction. The conduct of the plaintiffs in filing an application under Order II Rule 2 of the Code of Civil Procedure reserving the right to sue for damages separately was also pointed out as a ground.