ARUNACHALA UDAYAR Vs. ELAYAPERUMAL

JUDGEMENT

(1.) THIS second appeal arises out of the concurrent findings of the Courts below dismissing the plaintiff's suit and declining to grant Permanent Injunction. Unsuccessful plaintiffs are the appellants.

(2.) THE suit property relates to a common pathway in S.No.30/1 measuring North South 3 yd East West 25 yd out of North South 25 yd and East west 15 yd which belongs to the family of the plaintiff and the Defendant. THE parties are related as under:-Maruva Udayar

(3.) ON the above pleadings, relevant issues were framed. The trial Court dismissed the suit holding that the plaintiffs have not produced any document to show that they are in possession of the suit property. The trial Court further held that there is a wall in the suit property and the plaintiffs had not sought for mandatory injunction and therefore, the plaintiffs cannot seek for Permanent Injunction.