MANIKANDAN Vs. RAJKUMAR

JUDGEMENT

(1.) The plaintiff in the suit in O.S.No.394 of 2006 on the file of 1st Additional District Munsif, Nagercoil, is the appellant in the second appeal. The suit was filed by the appellant in O.S.No.394 of 2006 for permanent injuction restraining the respondents herein from interefering with the possession and enjoyment of the plaintiff over the plaint scheduled property. Later, the prayer in the suit was amended to substitute the prayer for declaration of plaintiff's title in respect of the suit property and for recovery of possession from the second defendant.

(2.) The case of the plaintiff as stated in the plaint is as follows:-

(3.) Since the first defendant and one Appavoo attempted to interfere with the plaintiff's possession and enjoyment over the suit property, the plaintiff filed another suit in O.S.No.728 of 2002 on the file of the first Additional District Munsif Court, Nagercoil on 31.07.2003 and the suit was decreed. The plaintiff had applied for mutation of revenue records and he was expecting patta in due course. Even on 26.06.2006, the plaintiff applied for patta before the Taluk Thasildhar at Santhapuram for issuance of patta. The plaintiff had planted trees in the suit property on 19.06.2006 and the second defendant in order to grab the suit property tried to put up a fence in the suit property. Hence, a police complaint was also given on 16.07.2006 stating that the defendants are attempting to interfere with the peaceful possession and enjoygment of the plaintiff's property. Since the defendants are unnecessarily interfering with the plaintiff's possession, the suit is filed.