S AZHAGESAN Vs. THANGAVELU

JUDGEMENT

(1.) THE second appeal has been filed against the judgment and decree, dated 20. 6. 2003, made in A. S. No. 3 of 2001, on the file of the Sub court, Tiruvarur , reversing the judgment and decree, dated 19. 10. 2000, made in O. S. No. 217 of 1998, on the file of the District Munsif Court, Thiruthuraipoondi.

(2.) THE second defendant in the suit O. S. No. 217 of 1998, on the file of the District Munsif Court, Thiruthuraipoondi , who was the second respondent in a. S. No. 3 of 2001, on the file of the Sub Court, Tiruvarur , along with the respondents 3 to 7 in the said appeal are the appellants in the present second appeal in S. A. No. 2268 of 2003 before this Court.

(3.) THE suit had been filed by the plaintiff stating that the plaintiff and his family members have been in possession and enjoyment of the suit property for a long period of time. No one else including the defendants have ever been in enjoyment of the suit property. Since the defendants had tried to interfere with the peaceful possession and enjoyment of the suit property by the plaintiff on an earlier occasion, the plaintiff had filed the suit in O. S. No. 225 of 1993. Since the plaintiff was unwell, he could not be present in Court during the assigned date fixed for the hearing of the suit and therefore, the said suit had been dismissed for non-prosecution, on 17. 4. 1996. However, the plaintiff has been constrained to file the suit in O. S. No. 217 of 1998, due to the constant threat by the defendants and their men by their attempts to disturb the peaceful possession and enjoyment of the suit property by the plaintiff.