A P KUPPUSAMY Vs. P KUMARAPALAYAM MUNICIPALITY

JUDGEMENT

(1.) THE plaintiffs, who lost their case before the Courts below, are the appellants herein. THE plaintiffs have filed O.S.No.833 of 1985 on the file of District Munsif, Tiruchengode for permanent injunction and the same was dismissed, against which, they have preferred an Appeal in A.S.No.4 of 1995 on the file of Subordinate Judge, Sankagiri and the same was also dismissed. Hence the present second appeal.

(2.) THE case of the appellants is that their father viz., Perumalsami Chettiar purchased the suit property from Murugesan Chettiar and Arthanari Chettiar under Ex.A1 dated 16.11.1950. THE said Perumalsami Chettiar died on 17.06.1982, which is evident under Ex.A2. Ex.A3 series are house tax receipts issued in the name of the appellants. Citing the above said documents, the appellants sought for permanent injunction against the respondent Municipality, who attempted to construct a toilet in a portion of the suit property.

(3.) LEARNED counsel Mr. Illango appearing for the appellants has submitted that the appellants have proved their title under Ex.A1 as well as their continuous possession under Ex.A3 series. While so, the Courts below ought not to have dismissed the suit, rejecting the relief of injunction and prayed for allowing the second appeal.