B SUSILA Vs. V K RAMANATHAN

JUDGEMENT

(1.) This second appeal is directed against the Judgement and Decree dated 27.08.2003 passed in A.S.No.172 of 2001 on the file of the Subordinate Court, Namakkal, confirming the Judgment and Decree dated 30.08.2001 passed in O.S.No.28 of 1999 on the file of the Additional District Munsif, Namakkal.

(2.) The plaintiffs are the appellants in the second appeal and the suit has been laid by the plaintiffs for the relief of permanent injunction.

(3.) The plaintiffs do not claim title to the suit property as such. However, according to them, the suit property had been let out to them by the defendants 1 & 2 representing the owner of the suit property i.e. The Strict Baptist Mission Society and it is thus the case of the plaintiffs that after the demise of Balu, the husband of the first plaintiff and the father of the plaintiffs 2 to 4, who originally took the suit property on lease from the defendants 1 & 2, it is the case of the plaintiffs that they had put up the construction on the vacant site and residing thereon and also doing business by paying tax, obtaining service connection, water connection etc., and accordingly, it is the case of the plaintiffs that the lease deed executed in respect of the suit property between them and the defendants 1 & 2 was extended up to 31.01999 and thereafter, the defendants 1 & 2 attempted to dispossess them from the suit property and the plaintiffs also learnt that the third defendant had purchased the suit property from the owner and according to the plaintiffs, inasmuch as they had been inducted as the tenants that of the suit property and accordingly, carrying on business in the suit property as above stated and as the defendants are not entitled to disturb their possession and enjoyment and as the defendants have no title to the suit property as such, entitling them to cause interference to their possession and enjoyment and hence, the plaintiffs have been necessitated to lay the suit for appropriate reliefs.