Y S KOTHANDARAMAN AND OTHERS Vs. S SUGANTHI

JUDGEMENT

(1.) The defendants in O.S.No.1109 of 1997 on the file of the learned Principal District Munsif, Alandur, Chennai are the appellants herein. The respondent is the plaintiff in the suit. The said suit was originally filed by the plaintiff against the first defendant for permanent inunction to restrain him from in any manner interfering with her peaceful possession and enjoyment of the suit property. During the pendency of the suit, the first defendant died and therefore, the defendants 2 to 4 were brought on record as his legal representatives. The trial Court by decree and judgment dated 11.06.2010, dismissed the suit. As against the same, the plaintiff filed an appeal in A.S.No.69 of 2010 on the file of the learned Subordinate Judge, Tambaram, Chennai. By decree and judgment dated 21.08.2013, the First Appellate Court allowed the appeal, set 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.

(2.) The case of the plaintiff in brief is as follows:-

(3.) The first defendant in his written statement, contended that, he has purchased Plot Nos.38 & 39 and from the date of purchase, he was in possession and enjoyment of the same. It is further stated that the plaintiff, occupied a portion of the suit property and when she was asked to vacate, she obtained an agreement from the first defendant, by force, on 17.07.1985, by playing fraud upon him. It is further stated that though, the plaintiff had put up a construction in a portion of the suit property, she has got no title for the suit property. The first defendant filed yet another suit for recovery of possession of the said occupied portion from the plaintiff.