LAWS(MAD)-1997-12-114

SOWRIRAJAN Vs. SUNDARAM

Decided On December 17, 1997
Sowrirajan Appellant
V/S
SUNDARAM Respondents

JUDGEMENT

(1.) THE plaintiff who succeeded before the trial court and lost before the lower appellate court is the appellant in the second appeal. The suit properties are two in number. They are 1.60 acres of wet lands in R.S.No.41/6 and 0.52 acre of wet lands in R.S.No. 42/3, totally of an extent of 2.12. acres in Pavattakkudy Village, Nannilam Taluk, Nagapattinam District.

(2.) THE suit was filed on 10.5.1995 by the appellant against the respondents for a permanent injunction restraining them, their men, servants, agents, etc. from interfering with his peaceful possession and enjoyment of the suit properties or trespassing upon the same till the appellant was evicted by the competent court under due process of law.

(3.) THE second respondent herein was the first defendant. He filed a written statement contending as follows: