NAGAMMAL Vs. M SIVA

JUDGEMENT

(1.) This Second Appeal has been filed to set aside the judgment and decree dated 24.02.2017 made in A.S.No.18 of 2015 on the file of the Principal District Court, Tiruvallur, confirming the judgment and decree dated 29.10.2014 made in O.S.No.2 of 2000 on the file of the Sub Court, Poonamallee.

(2.) The appellants are the defendants 2, 3 and 6 who lost in both the Courts below. 1st respondent is the plaintiff and respondents 2 and 3 are the defendants 4 and 5 in O.S.No.2 of 2000 on the file of the Sub Court, Poonamallee. The first respondent filed the said suit against the appellants, respondents 2 and 3 and one Mallappa Chowdry. The said Mallappa Chowdry is the first defendant and appellants 1 & 2 and respondents 2 & 3 were defendants 2 to 5 in the suit. The said Mallappa Chowdry died. The 3rd appellant was brought on record as legal heir of the deceased 1st defendant. The appellants 1 and 2 and respondents 2 and 3 were already on record. The parties are referred to as plaintiffs and defendants as arrayed in the suit.

(3.) The plaintiff filed the said suit for declaration that he is the owner of the suit property, recovery of possession and for permanent injunction restraining the defendants from in any manner putting up a pucca building by demolishing the existing tiled house and for permanent injunction restraining the defendants from alienating or encumbering the suit property.