M RAJAGOPAL Vs. K NAGAPPAN

JUDGEMENT

(1.) This Second Appeal has been filed by the plaintiff against the Judgment and Decree passed by the Sub-Judge, Maduranthagam in A.S.No.32 of 2000 dated 29.03.2001 modifying the judgment and decree passed by the District Munsif, Madurantagam in O.S.No.548 of 1993 dated 27.04.2000.

(2.) The appellant herein has filed a suit in O.S.No.548 of 1993 on the file of the District Munsif, Madurantagam, for permanent injunction restraining the defendants, their men, etc., from interfering with his peaceful possession and enjoyment of the suit property. The learned District Munsif, Madurantagam, by the judgment and decree dated 27.04.2000 has decreed the suit as prayed for with costs. She also directed the defendants to take separate action for recovery of the balance sale consideration. Aggrieved by the same, the defendants 2 and 3 have filed an appeal in A.S.No.32 of 2000 on the file of the Sub-Judge, Madurantagam. The learned Sub-Judge, Madurantagam, by the judgment and decree dated 29.03.2001 has modified the judgment and decree passed by the trial court that the plaintiff is in possession of the suit property only on the basis of the usufructuary mortgage executed by the defendants in favour of the plaintiff's wife and granted permanent injunction restraining the defendants from interfering with the plaintiff's possession till the defendants are discharging the mortgage said to have been executed by the defendants in favour plaintiff's wife. He further directed that the parties should bear their respective costs. Feeling aggrieved, the plaintiff has filed the present second appeal. For the sake of convenience, the parties are referred to as described before the trial court.

(3.) The averments made in the plaint are, in brief, as follows: