NALLATHAMBI Vs. PERIASAMY

JUDGEMENT

(1.) The defendant is the appellant in a suit for bare injunction filed by the plaintiff restraining the defendant from interfering with the peaceful possession of the plaintiff and enjoyment of two items of property situated in S. No. 86/1-0.14 cents and S. No. 86/2-1.12 acres situated in Azhagiripalayam Village, Kunnam Taluk, Perambalur District.

(2.) The suit was also resisted by the defendant on various grounds. Before the Trial Court, the plaintiff examined himself as P.W.1 and Exs.A1 to A9 were marked. The defendant examined himself as D.W.1 and Exs.B1 to B19 were marked.

(3.) The Trial Court on consideration of the facts and evidence had decreed the suit with respect to item 1, namely, S. No. 86/1 an extent of 0.14 cents. So far as the 2nd item is concerned, i.e., S. No. 86/2, the suit was decreed only for an extent of 0.86 cents out of 1.12 acres. Aggrieved by the said judgment and decree, both the plaintiff as well as the defendant had made a challenge. The defendant had filed A.S. No. 6 of 2011, before the Subordinate Court, Perambalur, whereas, the plaintiff had filed Cross Appeal No. 6 of 2011 challenging the disallowed portion, namely, 0.26 cents in S. No. 86/2.