SETTU ASARI Vs. SARAVANAN

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed by the appellants/respondents/plaintiffs as against the Judgment and Decree dated 24.04.2003 passed in A.S.No.57 of 1996 by the first appellate authority viz., II Additional Sub Judge, Trichirapalli in setting aside the Judgment and Decree dated 25.06.1996 passed in O.S.No.1200 of 1987 by the II Additional District Munsif Court, Trichirapalli and remanding the matter for fresh trial to the lower Court.

(2.) THE appellants/respondents/plaintiffs have filed a suit O.S.No.1200 of 1987 on the file of II Additional District Munsif Court, Trichirapalli praying for a decree of permanent injunction restraining the respondents/ defendants their, men, agents and servants etc. From in any way interfering with their peaceful possession and enjoyment of the suit property and after contest, on examination of oral and documentary evidence, the appellants/respondents/plaintiffs were granted the decree for the relief of permanent injunction by the trial Court.

(3.) THE case of the appellants/respondents/plaintiffs is that the first plaintiff Sadayan Asari (deceased) is the absolute owner of the suit property as per sale deed dated 21.6.50 executed by Muthammal and her son Mavarasu Asari for a valid consideration and that from the date of the purchase the appellants/respondents/plaintiffs are in possession and enjoyment of the same by putting up fences, thatched kitchen, garden and by tying cattle and before that the deceased first plaintiff's predecessors -in-title were in absolute possession and enjoyment of the suit property and that the respondents/defendants are the owners of property which lies immediate west of the suit property and that the respondents/defendants have asked the appellants/plaintiffs to sell the suit property to them for a lower price, to which course the appellants /plaintiffs are not agreed to and that on 03.07.1987 the respondents/defendants have been attempting to trespass into the suit property by force but the same has been prevented by the appellants/plaintiffs with the help of local police and hence, the suit is laid for the relief of permanent injunction restraining the respondents/ defendants, their men, agents and servants etc. from in any way interfering with the appellants/plaintiffs peaceful possession and enjoyment of the suit property.