S PANNEERSELVAM Vs. KALA

JUDGEMENT

(1.) The plaintiffs are the appellants challenging the concurrent findings of the Courts below in a suit for permanent injunction.

(2.) The admitted facts in the suit are that the properties originally belonged to one Adimoolam, he having purchased the same on 17.09.1955. The said Adimoolam had three children, namely, Sambasivam, Govindasamy and Yamuna. The daughter Yamuna died long back. The plaintiffs 1 and 2 are the children of the said Sambasivam and defendants 1 to 4 are the children of Govindasamy and defendants 5 to 7 are the legal heirs of pre-deceased son of Govindasamy.

(3.) It is the case of the plaintiffs that a Will was executed by the grandfather Adimoolam on 29.01.1985 in favour of the plaintiffs, and that, they have been in continuous possession of the suit property and they had also dealt with the suit property, by mortgaging the same. Based on the above said averments, they are seeking the relief of permanent injunction, as the defendants tried to interfere with their peaceful possession.