SEKAR S/O.PALANIMUTHU Vs. SUKARAN (DIED)

JUDGEMENT

(1.) This Second Appeal is directed against the judgment and decree passed by the Principal Subordinate Judge, Salem, in A.S. No. 61 of 2012 dtd. 29/11/2013, whereby the judgment of the learned II Additional District Munsif, Salem, in O.S. No. 800 of 2007 dtd. 16/3/2012 was reversed.

(2.) In this Second Appeal, the appellants are the defendants and the respondents are the legal heirs of the original plaintiff. For the sake of convenience, the parties will be referred to as they stood before the Trial Court.

(3.) The brief facts necessary to dispose of this appeal are as follows: The plaintiff filed the suit for bare injunction in respect of two items of property comprised in S. No. 79/4 measuring 8.5 cents and S. No. 79/3A measuring 23.5 cents. In respect of the property comprised in S. No. 79/3A, there is no dispute. The defendants themselves admitted that it is patta land belonging to the plaintiff and, accordingly, the suit was decreed by the Trial Court in respect of this property.