RAJU Vs. VISWAKUMAR

JUDGEMENT

(1.) The appellants, as plaintiffs, filed a suit in O.S.No.91 of 2006 for declaration of title and injunction in respect of suit property on the basis of the patta dated 21.03.2005. But, the respondents/defendants have raised a defence that the property is originally owned by the first defendant's father. The first defendant has executed the sale deed in favour of the second defendant under Ex.A3 = Ex.B1 on 18.03.2005 and the second defendant sold the same to the third defendant on 10.03.2006 under Ex.A4 = Ex.B6.

(2.) The trial Court, after hearing both sides and perusing the pleadings, framed necessary issues and after considering the oral and documentary evidence, dismissed the suit in respect of declaration of title and decreed the suit in respect of decree of injunction. Against the dismissal of declaration of title, no appeal has been preferred by the plaintiffs. Per contra, the respondents/defendants have preferred an appeal in respect of injunction. The first appellate Court has allowed the appeal and dismissed the suit entirety. Against the said judgment and decree, the plaintiffs have come forward with this second appeal.

(3.) I have heard the submissions of the learned counsel for the appellants.