SUBRAMANIAN Vs. K.MOHAN

JUDGEMENT

(1.) plaintiffs 2 and 4 in the suit in O.S.No.350 of 2000 on the file of the Principal District Munsif Court, Sankarankovil, are the appellants in this Second Appeal.

(2.) The suit was originally filed by the plaintiffs 1 and 2. However, during pendency of the suit, the first plaintiff died. The second plaintiff is also the son of first plaintiff. However, the plaintiffs 3 and 4 were also impleaded as the other legal representatives of the first plaintiff. The suit is for declaration that the suit third schedule belong to the plaintiffs 2 to 4 exclusively and for permanent injunction restraining the defendants from encroaching into the suit third schedule either by putting up any construction or by other means so as to interfere with the enjoyment of the plaintiffs 2 to 4. The suit is also for a mandatory injunction to remove the construction of defendant encroaching into the suit third schedule.

(3.) The case of the appellants in the plaint are as follows:-