LAWS(MAD)-2018-3-1393

KALIYAMMAL Vs. ARUMUGHAM

Decided On March 21, 2018
KALIYAMMAL Appellant
V/S
ARUMUGHAM Respondents

JUDGEMENT

(1.) The plaintiffs have filed the suit in O.S.No.624 of 1997 for declaration, to declare that the "B" schedule property belonged to the plaintiffs for cancellation of entries of "B" Schedule property from the Patta issued to the defendants 1 to 3 and for permanent injunction restraining the defendants 1 to 3 from interfering with the plaintiff's peaceful possession and enjoyment of the suit property.

(2.) The plaintiffs have filed the suit in O.S.No.624 of 1997 before the learned Principal District Munsiff Judge, Villupuram, and the said suit was dismissed. As against which the plaintiffs filed an appeal before the II Additional Subordinate Judge, Villupuram in A.S.No.11 of 2000. The II Additional Subordinate Judge, Villupuram, partly allowed the said appeal with regard to the relief of declaration and permanent injunction. However, consequential relief was negatived. As against the said judgement, the plaintiffs have filed the Second Appeal before this Court.

(3.) The learned counsel appearing for the appellants would submit that though the II Additional Subordinate Judge, Villupuram, granted declaratory relief that the plaintiffs are entitled to get the "B" Schedule property, however, the plea for cancellation of entries made in the Patta by the plaintiffs was rejected.