LAWS(MAD)-2018-7-61

DURAI KUPPUSWAMY Vs. ABDUL SUKUR

Decided On July 03, 2018
Durai Kuppuswamy Appellant
V/S
ABDUL SUKUR Respondents

JUDGEMENT

(1.) Second Appeals are filed against the judgments and decrees dated 09.07.2015 made in A.S.Nos.52 and 95 of 2014 on the file of the Sub Court, Arakkonam, Vellore District confirming the judgments and decrees dated 22.10.2010 made in O.S.Nos.372 of 1999 and 452 of 1986 respectively on the file of the District Munsif Court, Arakkonam, Vellore District.

(2.) In both the appeals, the parties are one and the same and therefore, they are disposed of by this common judgment.

(3.) The respondent in S.A.No.987/2015 and 1st respondent in S.A.No.988/2015 is one and the same (herein after referred to as 'the respondent'). The appellant filed O.S.No.372 of 1999 against the respondent for permanent injunction restraining the respondent from in any way interfering with the peaceful possession and enjoyment of the suit schedule property. According to the appellant, he purchased the property by sale deed dated 23.09.1999 from the original owner and he is in possession and enjoyment of the same. The respondent without any title, right, interest over the suit property is attempting to interfere with the peaceful possession and enjoyment of the suit schedule property. The respondent filed written statement and contended that he is the owner of the suit property and he is in possession of the properties for more than 30 years. The appellant tried to interfere with his peaceful possession and hence, the respondent has filed O.S.No.452 of 1986 for permanent injunction and obtained interim injunction and prayed for dismissal of the suit filed by the appellant.