DEVENDRAMETHA AND ORS. Vs. R.SAKKARAIAPPAN AND ANR.

JUDGEMENT

(1.) The above Second Appeal arises against the Judgment and Decree passed in A.S. No. 3 of 2012, on the file of the Subordinate Court, Sivakasi, reversing the Judgment and Decree passed in O.S. No. 67 of 2009, on the file of the District Munsif Court, Sivakasi.

(2.) The defendants are the appellants and the respondents are the plaintiffs in the suit. The plaintiffs filed the suit in O.S. No. 67 of 2009 for permanent injunction restraining the defendants from preventing the plaintiffs from enjoying the suit property by putting up fence and construction in the suit property. The brief case of the plaintiffs is as follows:

(3.) The brief case of the defendants is as follows: According to the defendants, the plaintiffs are not entitled for the relief sought for in the suit. Radhakrishnan purchased the suit property from the original owners in the year 1994 and he has been in enjoyment of the same. In the year 2004, the said Radhakrishnan sold the suit property and other properties to the defendants and also put them in possession of the same. Since the date of purchase, the defendants are in possession and enjoyment of the suit property. The defendants are entitled to the entire property. Since the proceedings are pending under Section 47(A) of the Stamp Act, the defendants have not received the registered sale deed. The plaintiffs are not entitled to the suit property. In these circumstances, the defendants prayed for dismissal of the suit.