K PERIYASAMY Vs. S P CHELLAPPA GOUNDER

JUDGEMENT

(1.) Challenge in this second appeal is made to the judgment and decree dated 28.08.2002, passed in A.S.No.21/2002, on the file of the Additional District Judge, Fast track Court No.IV, Bhavani, reversing the judgment and decree dated 21.04.2001, passed in O.S. No.346 of 1998, on the file of the II Additional District Munsif Court, Bhavani.

(2.) The second appeal has been admitted on the following substantial question of law:

(3.) The 5th defendant is the appellant in the present second appeal. The suit has come to be laid by the plaintiff for the reliefs of permanent injunction and possession claiming that the suit property belongs to the plaintiff and that the 5th defendant had been let out in the suit property by the plaintiff and on the other hand, the 5th defendant taking advantage of his possession of the suit property and inasmuch as he had been making attempts to secure the service connection in respect of the suit property in his own name which he is not entitled to and therefore, according to the plaintiff, he has been necessitated to lay the suit for appropriate reliefs.