RAHMATH BEEVI Vs. MOHIDEEN ABDUL KHADAR

JUDGEMENT

(1.) These Second Appeals arise out of common judgment an decree dated 13.2.2002 made in A.S.Nos.75 and 80 of 2001 on the file of Principal Sub Court, Tenkasi, confirming the common judgment and decree dated 02.07.2001 made in O.S.Nos.172 and 464 of 1995 on the file of Principal District Munsif Court, Tenkasi.

(2.) The appellant in both the appeals is the plaintiff, namely Rahmath Beevi (deceased, now represented by her L.Rs./appellants 2 to 7) in O.S.No.464 of 1995 and 2nd defendant in O.S.No.172 of 1995 on the file of the Principal District Munsif Court, Tenkasi, filed for the relief of mandatory injunction against the first defendant to remove the temporary structure made in the fourth schedule property which is the part of the second schedule property and to hand over the vacant possession of the same and also for mesne profits of Rs. 1083/- with accrued interest thereon and also for mandatory injunction against the second defendant to remove the temporary construction made in the third schedule property which is part of the second schedule property and to hand over the vacant possession and also for mesne profit of Rs. 216 with accrued interest thereon.

(3.) The brief facts of the case of the plaintiff, are as follows: