SELVARAJU Vs. HARIKRISHNAN

JUDGEMENT

(1.) This Second Appeal has been filed by the defendant against the judgment and decree passed by the Principal Sub-ordinate Judge, Mayiladuthurai in A.S.No.23 of 2001 dated 29.12.2001 reversing the judgment and decree passed by the Additional District Munsif, Mayiladuthurai in O.S.No.518 of 1997 dated 11.01.2001.

(2.) The respondent herein has filed a suit in O.S.No.518 of 1997 on the file of the Additional District Munsif, Mayiladuthurai for permanent injunction to restrain the defendant / appellant herein from interfering with his peaceful possession and enjoyment of the suit property. The learned District Munsif by the judgment dated 11.01.2001 has dismissed the suit. Aggrieved by the same, the respondent herein has filed an appeal in A.S.No.23 of 2001 on the file of the Principal Sub-ordinate Judge, Mayiladuthurai. The learned Principal Sub-ordinate Judge, Mayiladuthurai by the judgment dated 29.12001 has allowed the said appeal and reversed the judgment and decree passed by the trial Court and decreed the suit as prayed for. Feeling aggrieved, the defendant has 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: