VEERMALAI Vs. E SRINIVAS

JUDGEMENT

(1.) The suit, out of which this second appeal arises, was filed by the plaintiff/appellant for a permanent injunction restraining the defendants/respondents from interfering with his possession of the suit property, which is 0-80 cents in Survey No. 46/7 in Perugamani Village. The suit property which originally belonged to one Periyanachi Muthiriar was settled in favour of one Thangaiyan, son of the plaintiff/appellant on 27th Dec. 1957, Thangaiyan died. The plaintiff, as the only legal heir of Thangaiyan, is entitled to the suit property. Defendant 1 claiming to be a cultivating tenant, claimed possession with him and the plaintiff has to, therefore, file this suit.

(2.) Defendants, one Manickathammal, remained ex parte.

(3.) The trial court, on the basis of certain documents, came to the conclusion that the plaintiff is in possession and granted a decree. The appellate Judge reversed that finding and dismissed the suit. The plaintiff has filed this second appeal.