CHELLAMMAL Vs. RAJKUMAR AND ANOTHER

JUDGEMENT

(1.) The defendants in O.S. No. 242 of 2007 has filed Second Appeal (MD) No. 370 of 2016 as against the judgment and decree in A.S. No. 28 of 2012 on the file of the Sub Court, Srivilliputhur, confirming the judgment and decree in O.S. No. 242 of 2007 on the file of the Additional District Munsif Court, Srivilliputhur.

(2.) The appellants in S.A.(MD)No. 370 of 2016 are also the appellants in S.A.(MD)No. 371 of 2016 and this second appeal is preferred against the judgment and decree in A.S. No. 29 of 2012 on the file of the Sub Court, Srivilliputhur as against the judgment and decree in Cross Objection in O.S. No. 242 of 2007 on the file of the Additional District Munsif Court, Srivilliputhur.

(3.) The respondent in these two second appeals filed a suit in O.S. No. 242 of 2007 on the file of the Additional District Munsif Court, Srivilliputhur, originally for permanent injunction restraining the appellants herein from interfering with the plaintiff's peaceful possession and enjoyment of the suit property. The suit property is a tiled house property bearing Door No. 1/105 (Old) and New Door No. 7/1 situate in Survey No. 223/17 in Aathikulam Sengulam village in Srivilliputhur sub registration District, Virud-hunagar District. The plaint was subsequently amended as one for declaration of title and consequential injunction or in the alternative for recovery of possession.