SARASWATHY AMMAL Vs. KANDASAMY

JUDGEMENT

(1.) This Second Appeal has been filed by the legal representatives of the third defendant against the judgment and decree passed by the II Additional District Judge, Salem in A.S.No.189 of 1992 dated 23.03.1999.

(2.) The first respondent herein has filed a suit in O.S.No.607 of 1986 on the file of the Principal District Munsif, Salem for the relief of permanent injunction restraining the defendants and their men from interfering with his peaceful possession and enjoyment of the suit property. The learned Principal District Munsif by the judgment and decree dated 16.07.1992, has dismissed the said suit with costs. Aggrieved by the same, the first respondent herein has filed an appeal in A.S.No.189 of 1992 on the file of the II Additional Judge, Salem. The learned II Additional District Judge, Salem by the judgment and decree dated 23.03.1999 has partly allowed the said appeal and modified the judgment and decree passed by the trial court and granted permanent injunction restraining the legal representatives of the third defendant and the defendants 4 to 7 from interfering with the plaintiffs' peaceful possession and enjoyment of the suit property. However, he dismissed the suit against the legal representatives of the first defendant and also against the second defendant. He directed the parties to bear their respective costs. Feeling aggrieved, the legal representatives of the third defendant have 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: