T TAMILARASAN Vs. AROKKIASAMY

JUDGEMENT

(1.) (Prayer: This second appeal is filed against the judgment and decree dated 29.11.2005 made in A.S.No.19 of 2005 on the file of the Principal Sub Court Erode, reversing the judgment and decree dated 09.01.2004 made in O.S.No.64 of 2003 on the file of the District Munsif cum Judicial Magistrate, Purundurai.) The plaintiff in the trial court is the appellant in the second appeal. The suit was filed for a permanent injunction against the defendants from interfering with the plaintiff's possession of the property which is to an extent of 459 sq. metres of house site with thatched shed and mamool pathway rights comprised in R.S.F.No.1044/3 in Pallapalayam Village, Perundurai Taluk, Erode District.

(2.) THE claim of the plaintiff was based on the patta issued by the Special Tahsildar on 31.05.1993 which was marked as Ex.A1. It was further the case of the plaintiff that the defendants who have nothing to the do with property have attempted to interfere and demolished the thatched shed which has resulted in filing the above said suit.

(3.) IT is seen that the plaintiff has filed the patta issued in his name marked as Ex.A1 dated 31.5.93. On the other hand, the defendants side has not filed any documents and on appreciation of the entire factual position, the trial Court has given a finding that the plaintiff is in possession of the property and has decreed the suit. In fact the trial court has also stated that the defendants have not filed any documents.