V RAJENDRAN (DIED) Vs. K CHINNA PILLAI

JUDGEMENT

(1.) The plaintiff in O.S.No.173 of 1999 on the file of the Principal District Munsif Court, Kumbakonam, is the appellant herein.

(2.) O.S.No.173 of 1999 had been filed by the plaintiff, Rajendran, against the defendants, Chinnapillai and Viswanathan, seeking a judgment and decree restraining the defendants from interfering with his peaceful possession and enjoyment of the suit property and for costs of the suit.

(3.) The suit property is situated in Melathukurichi Village, Kumbakonam Taluk in New S.No.417/14 and Old S.No.41/5-B. It measures to an extent of 0.01.0 ares equivalent to 2 + cents. The plaintiff claimed that the suit property is a manaicut, which had been in his possession and enjoyment for the past more than 32 years. Previous to him, his father was in exclusive possession. Patta had also been issued in favour of the plaintiff. It was used for tethering cattle, to put hay rick and for other storing agricultural implements. In 1991, the plaintiff created an usufructuary mortgage in favour of one Subramanian and obtained a sum of Rs. 1,000/-. He later redeemed the mortgage and took back possession. The defendants have no manner or right over the suit property. There were criminal cases initiated on either side. The defendants made an attempt to enter into the suit property. It is under these circumstances, that the suit had been filed seeking permanent injunction.