KARUPPAMMAL Vs. T.U. POOSARI

JUDGEMENT

(1.) THESE two appeals arise out of a suit to set aside a decree passed in an earlier suit and consequential relief of possession in respect of part of the suit property and injunction in respect of the remaining part.

(2.) THE property involved in the litigation is a vacant land whose total extent is 14 acres 47 cents and comprised in three Survey Numbers, namely S. No. 755, S. No. 756 and S. No. 94/4, Thottipalayam village, Palladam taluk, Coimbatore District. The land was said to be a waste, but now it has acquired considerable value as house sites. The abovesaid land is described in the A Schedule to the plaint, while in Schedules B, C and D, specific portions of the said land are described. There are three plaintiffs in the suit out of whom, plaintiffs 1 and 2 are brothers. They claim title to the portions described in Schedules B and C and they seek to recover possession of those portions from the first defendant in the suit. The third plaintiff claims title to the portion described in D Schedule and as he continues to be in possession of the property, he seeks a permanent injunction restraining defendants 2 to 4 to the suit from in any way interfering with the same.

(3.) THE learned Subordinate Judge, Coimbatore who tried the present suit agreed with the contentions of the plaintiffs and has set aside the decree in O.S. No. 456 of 1950 and granted the other reliefs prayed for by the plaintiffs.