SNEHAVALLI Vs. KOOTHAPERUMAL

JUDGEMENT

(1.) This appeal is filed against the judgment and decree dated 25.01.2007 made in A.S.No.34 of 2006 on the file of the Subordinate Court, Ramanathapuram, confirming the judgment and decree in O.S.No.26 of 2000 dated 29.11.2005, on the file of the District Munsif -cum -Judicial Magistrate Court, Thiruvadanai.

(2.) The appellants herein are the plaintiffs and the respondents herein are the defendants. The facts leading to the filing of this second appeal are that the suit property is a lane. In O.S.No.275 of 1950 before the District Munsif Court, Devakottai, the first plaintiff herein and her sister Chithiravadivu were plaintiffs; the first defendant's father Karuppiah and his brother Malaiyappan with few others were defendants; on 09.07.1955, the suit ended in a compromise decree and Chithiravadivu bequeathed her property to the second plaintiff in the year 1989. While so, in the year 2000, the defendants attempted to block the lane by putting up a construction. In the said circumstances, the appellants herein / plaintiffs filed the present suit in O.S.No.26 of 2000 before the District Munsif -cum -Judicial Magistrate Court, Thiruvadanai, for the relief of injunction prohibiting the defendants from putting up any construction in the suit schedule property. The defendants filed written statement. After considering the oral and documentary evidence adduced, the Trial Court dismissed the suit. Challenging the same, the plaintiffs filed the appeal in A.S.No.34 of 2006 on the file of the Subordinate Court, Ramanathapuram, and the Lower Appellate Court dismissed the appeal, confirming the judgment and decree of the Trial Court.

(3.) Challenging the concurrent judgments of the Trial Court and the Lower Appellate Court, the appellants / plaintiffs have filed this second appeal, raising the following substantial questions of law: