MADASAMY CHETTIAR Vs. RAJAMANIRAJ @ RAJ

JUDGEMENT

(1.) THE plaintiffs in Original Suit No.265 of 1989 and the defendants in Original Suit No.547 of 1989, have challenged the judgment and decree dated 19.07.1996 passed in Appeal Suit Nos.1 & 2 of 1993 by the Additional Subordinate Court, Tirunelveli, wherein the common judgment passed in Original Suit Nos.547 of 1989, 265 of 1989 by the District Munsif Court, Valliyoor, is reversed.

(2.) THE appellants herein as plaintiffs have instituted the Original Suit No.265 of 1989 on the file of the District Munsif Court, Valliyoor, for the relief of permanent injunction, wherein the respondents herein have been shown as the defendants. The respondents herein as plaintiffs have instituted the Original Suit No.547 of 1989 on the file of the said Court for the reliefs of recovery of possession, arrears of rent, etc., wherein the present appellants have been shown as the defendants.

(3.) THE material averments made in the plaint filed in Original Suit No.265 of 1989 can be stated like thus: The suit properties are originally belonged to one Doctor Krishnan. After his demise, his sons namely Narayanan, Sankar Appasamy and one Velammal, have succeeded the same. The first plaintiff has been enjoying the suit first schedule property for the past 30 years as a tenant and running a grocery shop. The second plaintiff has been enjoying the suit second schedule property as a tenant for the post 15 years and running a tailoring shop. The owners of the suit properties have sold their properties one by one and they demanded Rs.60,000/ - from the plaintiffs so as to execute a sale deed in respect of the suit properties. The plaintiffs have sent notices to them, but there is no reply on their part. The defendants have purchased the suit properties. Now, the defendants are making hectic attempts to interfere with the peaceful possession and enjoyment of the plaintiffs. Under the said circumstances, the plaintiffs have filed the present suit for the reliefs of permanent injunction.