KARUPPIAH ASARI Vs. TENKASI TALUK

JUDGEMENT

(1.) THIS second appeal is directed against the judgment of the lower appellate Court, namely Court of the Principal Sub-Judge, Tenkasi, dated 05. 04. 2006 passed in A. S. No. 130/2005, confirming the judgment and decree of the trial Court (Additional District Munsif Court, Tenkasi) dated 29. 06. 2005 passed in O. S. No. 200/2004.

(2.) HEARD the submissions made by Mr. A. Sankarasubramanian, learned counsel appearing for the appellants and also by Mr. B. Prahalad Ravi, learned counsel appearing for the respondents and perused the materials available on record including the judgments of both the Courts.

(3.) THE plaintiffs in the original suit are the appellants in the second appeal. The suit was filed against the members of Barber Community residing in Kadayanallur and Krishnapuram Villages, Tenkasi Taluk, represented by two of such community members, namely Ramasubbu and Ravi. The appellants herein had filed the original suit for a declaration that the properties described in plaint II schedule property belonged to the first appellant/first plaintiff and the property described in plaint III schedule belonged to the second appellant/second plaintiff and for a consequential injunction restraining the respondents/defendants from interfering with the peaceful possession and enjoyment of the same by the respective appellant/plaintiff.