LAWS(MAD)-2007-7-151

AYYAPPAN ALIAS SOMAN Vs. K P BHOJAN

Decided On July 11, 2007
AYYAPPAN ALIAS SOMAN Appellant
V/S
K.P. BHOJAN Respondents

JUDGEMENT

(1.) THE second appeal has been filed against the judgment and decree, dated 31. 3. 1995, made in A. S. No. 7 of 1994, on the file of the District court, THE Nilgiris District at Udhagamandalam, confirming the judgment and decree, dated 31. 1. 1994, made in O. S. No. 5 of 1993, on the file of the District munsif Court, Coonoor.

(2.) THE defendants in the suit O. S. No. 5 of 1993, on the file of the District Munsif Court , coonoor, are the appellants in the present second appeal. THE plaintiffs had filed the suit in O. S. No. 5 of 1993, praying for the relief of permanent injunction against the defendants and for costs.

(3.) ON 30. 11. 1992 and 10. 12. 1992, the defendants had trespassed into the suit property and uprooted tea plants numbering about 500 and caused considerable damage to the tune of Rs. 1,250/-, taking law into their own hands. The plaintiffs had lodged a police complaint against them, on 1. 12. 1992, and the defendants 1 to 3 were summoned to the police station and warned not to repeat their nefarious activities. Thus, the plaintiffs are put to great hardship and irreparable loss. Therefore, the plaintiffs had filed the suit for the relief of permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the suit properties by the plaintiffs.