KADIRVEL Vs. CHELLAMMAL AND ORS.

JUDGEMENT

(1.) The first defendant in the original suit is the appellant in the second appeal. Plaintiffs 1 and 2 in the original suit are the respondents 1 and 2 in the second appeal. One Gnanasambandam, who figured as the second defendant in the original suit, was not made a party in the appeal before the lower appellate court and he is also not a party in the second appeal. Ravi, who figured as the third defendant in the original suit and second respondent in the first appeal before the lower appellate court, is the third respondent in the second appeal.

(2.) For the sake of convenience, the parties are referred to in accordance with their ranks in the suit and their ranks in the second appeal shall also be indicated wherever the court deems it necessary.

(3.) The respondents 1 and 2 (plaintiffs) filed the original suit against the appellant, third respondent and one Gnanasambandam (defendants 1 to 3) for a perpetual injunction restraining them from disturbing plaintiffs' enjoyment of the suit property either by putting up a construction over the suit property or in any other manner. The said prayer was made on the basis of the following contentions: