W CHANDRASEKARAN Vs. SELVAKODI

JUDGEMENT

(1.) In this second appeal, challenge is made to the judgment and decree dated 15.07.2004, passed in A.S.No. 36 of 2003, on the file of the Subordinate Court, Ranipet, reversing the judgment and decree dated 25.01.2002 passed in O.S. No.468 of 1994, on the file of the District Munsif Court, Ranipet.

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

(3.) The suit has been laid by the respondent/plaintiff seeking the reliefs of permanent injunction and mandatory injunction in respect of the B schedule property. Briefly stated, according to the plaintiff, the A schedule property belonged to her father in law by way of a purchase on 06.06.75 and thereby, the said property was inherited by her husband and after his demise, the plaintiff had derived title to the plaint A schedule property and according to the plaintiff, she had divided the property into various plots and alienated to others. While so, the defendant in the guise of purchase of land in S.No.799/4A lying to the west of the plaint A schedule property laid a suit in O.S.No.178/94 against the plaintiff and taking advantage of the interim injunction granted in the said suit, encroached into the B schedule property and unauthorisedly proceeded to put up the construction and hence, according to the plaintiff, she has been necessitated to lay the suit for appropriate reliefs.