B RAVICHANDRAN Vs. C MANOJ BABU

JUDGEMENT

(1.) DEFENDANTS , who suffered a decree in a suit for permanent injunction, have projected the instant Appeal against the judgment and decree dated 21.03.2014 passed by the learned Subordinate Judge, Dharmapuri, in A.S. No. 22 of 2012 confirming the judgment and decree dated 28.01.2012 passed by the learned District Munsif, Dharmapuri, in O.S. No. 257 of 2010.

(2.) THE plaintiff, claiming to have purchased the suit property from the second defendant as a vacant house site, claims title to the same on the basis of a sale deed dated 22.6.2009. According to the plaintiff, on 17.6.2009, a construction agreement was entered into with the defendants for putting up construction on the suit property for which the cost of construction was arrived and it was agreed between the parties. However, the defendants claimed more amount than agreed on the basis of additional work for the building and since the same was refused by the plaintiff, the defendants prevented him to take possession of the property. Hence, the plaintiff filed the suit for permanent injunction restraining the defendants from in any way interfering with the peaceful possession and enjoyment of the suit property and for further construction in the suit property.

(3.) RESISTING the suit, the first defendant, who is the husband of the second defendant, filed written statement denying the allegations made by the plaintiff and sought for dismissal of the suit.