UMA AND ORS. Vs. GOVINDARAJ

JUDGEMENT

(1.) THE plaintiffs in O.S. No. 1717 of 2004 on the file of the learned District Munsif, Vellore are the appellants herein. The respondent is the sole defendant in the suit. The said suit was filed for declaration of title and for permanent injunction to restrain the defendant from in any manner interfering with the plaintiffs' peaceful possession and enjoyment of the suit property and also for mandatory injunction to direct the defendant to remove the construction, if any, put up by them on the suit property illegally. By decree and judgement dated 29.01.2011, the trial Court dismissed the suit. As against the same, the plaintiffs filed an appeal in A.S. No. 34 of 2011 on the file of the learned Subordinate Judge, Vellore. The First Appellate Court by decree and judgement dated 09.02.2012 dismissed the appeal thereby confirming the decree and judgement of the trial Court. As against the same, the appellants/plaintiffs are 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 appellants and I have also perused the records carefully.

(3.) IN the written statement, it is stated by the defendant that the defendant had purchased 5 cents of land in the very same suit survey number under sale deed dated 21.11.1974 (Ex.B.1). Thus, the defendant has been in possession and enjoyment of the property which he has purchased. According to them, the plaintiffs are trying to disturb his possession by giving a wrong description of the suit property.