SUBBAIAH Vs. R M PALANIYAPPAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the Judgment and Decree passed in A.S.No.32 of 2008, dated 30.10.2008 on the file of the Subordinate Court, Pudukkottai, remanding back the suit in O.S.No.55 of 2006, dated 27.12.2007, passed by learned the learned District Munsif, Thirumayam.

(2.) The respondents, who are plaintiffs, have filed the suit in O.S.No.55 of 2006 on the file of the learned District Munsif-Cum-Judicial Magistrate, Thirumayamam, for permanent injunction, restraining the appellant from interfering with the peaceful possession and enjoyment of the property. The appellant is the defendant in the said suit.

(3.) According to the respondents, the suit property is Natham land, which is in possession of father of the second respondent. The patta was issued in favour of the second respondent and she is in possession and enjoyment of the property. The second respondent executed Enam settlement in favour of the first respondent, who is her third son. The appellant, who is the brother of the second respondent, without having any right over the suit property, is trying to interfere with the peaceful possession of the respondents, in the suit property. Hence, the respondents filed suit for the relief stated above.