SELVARAJ Vs. M.ASAITHAMBI

JUDGEMENT

(1.) THE defendant in O.S. No.304 of 2007 on the file of the learned District Munsif, Nagapattinam is the appellant herein. The respondent is the plaintiff in the suit. The plaintiff filed the said suit for permanent injunction to restrain the defendant from in any manner interfering with his peaceful possession and enjoyment of the suit property. The trial Court decreed the suit as prayed for by decree and judgement dated 21.07.2010. As against the same, the appellant herein filed an appeal before the learned Subordinate Judge, Nagapattinam in A.S. No.56 of 2010. By decree and judgement dated 09.02.2011, the First Appellate Court dismissed the appeal thereby confirming the decree and judgement of the trial Court. Challenging the same, the appellant is before this Court with this second appeal.

(2.) THIS second appeal has come up today for admission. I have heard the learned counsel for the appellant and I have also perused the records carefully.

(3.) THE defendant is the sister's husband of the plaintiff. From the life time of the parents of the plaintiff, according to the defendant, he along with his wife have been living in the suit property. Thus, the suit is liable to be dismissed as the plaintiff is not in exclusive possession and enjoyment of the suit property.