CHINNASAMY Vs. VALLIYAMMAL

JUDGEMENT

(1.) The plaintiffs filed a suit against the defendants in O.S.No.252 of 1992 seeking permanent injunction. The suit was decreed by the lower Court. Aggrieved by the same, the defendants filed appeal before the lower Appellate Court. The lower Appellate Court dismissed the appeal and confirmed the judgment and decree of the lower Court. Hence, the defendants who have lost their case before the Courts below have filed this second appeal.

(2.) The appellants herein are the defendants and the respondents 1 and 2 herein are the plaintiffs in the suit. The first respondent had died and hence, respondents 3 to 5 being the legal heirs of the deceased first respondent are impleaded in the second appeal. For the sake of convenience, the parties will be hereinafter referred to as per their rank in the suit.

(3.) The sum and substance of the plaint averments are as follows: The first plaintiff is the absolute owner of the suit property by virtue of the registered sale deed dated 10.09.1970 executed by one Raji Ayyar son of Muthusamy Ayyar and one Raji Ayyar son of Veeranna Ayyar. The second plaintiff is the son of the first plaintiff. The plaintiffs are in actual possession and continuous enjoyment of the suit properties. The vendors of the first plaintiff purchased the suit properties under a registered sale deed dated 22.11.1968 from one Elayappa Gounder and the said Elayappa Gounder purchased the suit properties from one Arumugam under registered sale deed dated 26.01968.