ANITA RANKA Vs. SUMATHI VINAYGA MOORTHY

JUDGEMENT

(1.) The present Second Appeal has been preferred by the defendant, challenging the judgment and decree dtd. 19/7/2013 passed in A.S. No. 5 of 2011 by the learned Subordinate Judge , Tambaram, confirming the judgment and decree dtd. 26/2/2010 passed in O.S. No. 265 of 2006 by the learned Principal District Munsif, Alandhur, whereby the suit for permanent injunction except by due process of law was decreed.

(2.) For the convenience , the parties are referred to as per their rank before the trial Court.

(3.) Plaintiffs ' Case is that they are bona fide purchasers for valuable consideration of the suit schedule properties situated at Perumbakkam Village, Tambaram Taluk, Kancheepuram District, having purchased their respective extents under registered sale deeds dtd. 10/6/2005. According to them, from the date of purchase, they have been in exclusive possession and enjoyment of their respective properties, and the revenue records, including patta and kist receipts, stand in their names. The defendant issued a notice dtd. 22/9/2005 disputing the sale in favour of the plaintiffs and alleging that the earlier documents of the vendor had been obtained from her under coercion and duress. The plaintiffs sent a reply notice dtd. 9/10/2005 denying the allegations and asserting their status as bona fide purchasers in possession. Thereafter, the defendant is alleged to have given a police complaint before the Central Crime Branch, pursuant to which the plaintiffs appeared and produced documents. The plaintiffs further allege that on 25/3/2006, the defendant, along with her men, attempted to trespass into the suit properties and dispossess them. Hence, the plaintiffs lodged a complaint on 26/3/2006 before the Inspector of Police, S-10 Police Station, Pallikaranai, which was acknowledged in CSR No. 156/06. On these averments, the plaintiffs filed the suit seeking permanent injunction restraining the defendant and persons claiming through her from interfering with their peaceful possession and enjoyment of the suit properties except by due process of law.