THIRUVENGADACHARI Vs. NAGARAJAN

JUDGEMENT

(1.) THIS appeal has been preferred by the plaintiff in O. S. No. 229 of 1994 on the file of District Munsif Court, Mannargudi, who has won the case before the trial Court but lost it before the first appellate Court in A. S. No. 316 of 1995 on the file of Principal District Court, Ngapattinam.

(2.) THE suit is for an order of permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the suit property.

(3.) THE facts in brief are as follows: the plaint schedule properties were conveyed by the defendants to the plaintiff by way of surrender deeds dated 15. 6. 1990 and 25. 6. 1990. The suit properties are situated at Vadakaru Vayal Village. Plaintiff is cultivating the suit lands and was paying land tax to the suit properties. Suit has been filed by the plaintiff, through his power of attorney agent. "kuruvai"crop was raised by the plaintiff in the suit property during last year. Hence the plaintiff could not accede to the request made by the defendants to lease out the property again to them. On 27. 4. 1994 when the plaintiff was indulged in minor work in the suit property, the defendants came there with their henchmen and obstructed the same. With the help of other agriculturists, the plaintiff thwarted the attempt made by the defendants, and were driven out from the suit property. Hence the suit.