N PALANIANDAVAR Vs. R RATHAKRISHNAN

JUDGEMENT

(1.) The first and second defendants in O.S.No.102 of 1997 on the file of the District Munsif Court, Periyakulam are the appellants. The above said suit had been filed by the plaintiff/R.Rathakrishnan against two defendants/ N.Palaniandavar and N.Kandhappa Nathan, seeking a Judgment and Decree for permanent injunction from interference with his peaceful possession and enjoyment of the suit property.

(2.) The suit property is vacant land measuring 18 , sq. ft. less than three cents in R.S. No.2052/2006, OS No.56, Subramanya Barathi Street, Ward-5, Pazhanichettipatti, Veerapandi Village, Theni Sub- District, Periyakulam District.

(3.) This suit was dismissed by Judgement and Decree dated 21.07.2004. Challenging that, the plaintiff had filed A.S. No.135 of 2004 which came up for consideration before the Subordinate Court, Periyakulam. By Judgment and Decree dated 29.07.2005, the appeal was allowed and the Judgement of the trial Court was set aside and the suit was decreed. Challenging that Judgment, the defendants have filed the present Second appeal.