CHIDAMBARA PADAYACHI Vs. VELLAIYA PADAYACHI

JUDGEMENT

(1.) THIS Second Appeal is preferred against the concurrent findings of the Courts below in A.S.No.59/1996 whereby Permanent Injunction was granted in favour of the Respondents/Plaintiffs. 2nd and 3rd Plaintiffs in the suit and the legal representatives of the deceased 1st Plaintiff are the Respondents. For convenience the parties are referred as per their array in the suit in O.S.No.656/1988.

(2.) THE suit property is 0.94 cents in S.No.313/6. It belonged to Palani Padayachi and his three sons. Genealogy of Palani Padayachi and the relevant sale deeds and the relevant sale transactions in respect of the suit S.No.313/6 are as follows:- Suit property relates to 0.94 acre purchased by the Plaintiffs under Ex.A2 sale deed dated 19.02.1964. Defendant and his family members had purchased certain extent of property. Defendant claiming title to the suit property is causing obstruction to the Plaintiffs' enjoyment of the suit property and therefore, Plaintiffs have filed the suit for Permanent Injunction.

(3.) CONFIRMING the findings of the trial court, lower Appellate court also held that Plaintiffs have established their title and possession to 94 cents. CONFIRMING the findings of the trial court, lower Appellate court dismissed the appeal preferred by the Defendant.