S. MANIVANNAN AND ORS. Vs. S. VENKATESAN

JUDGEMENT

(1.) THE respondent is the sole plaintiff in O.S.No. 508 of 2009 on the file of the learned VII Assistant Judge, City Civil Court, Chennai. The appellants are the defendants 1 and 2 in the suit. The said suit was filed seeking three reliefs viz., (i) permanent injunction to restrain the defendants from interfering with the rights of the plaintiff's peaceful possession and enjoyment of the suit schedule property, except under due process of law; (ii) permanent injunction restraining the defendant from in any manner interfering with the day to day basic need like water, electricity, etc., in future of the plaint schedule property and (iii) for permanent injunction restraining the first defendant from in any manner not to obstruct the plaintiff's ingress and egress to take things in the shelf and lofts and also to dry clothes on the second floor terrace.

(2.) THE trial Court by decree and judgment dated 04.11.2009 dismissed the suit. As against the same, the respondents filed an appeal in A.S.No. 297 of 2010 on the file of the learned II Additional Judge, City Civil Court, Chennai. By decree and judgment dated 29.04.2011, the First Appellate Court allowed the appeal thereby setting aside the decree and judgment of the trial Court and decreed the suit as prayed for. As against the same, the defendants are before this Court with this second appeal.

(3.) THE case of the defendants is that, as per the terms of the Will, the second defendant has got life interest in the suit property and the plaintiff has got no right whatsoever in respect of the suit property, so long as the second defendant is alive. Since, the plaintiff has got no right whatsoever over the suit property, the present suit is liable to be dismissed, it was contended.