PETCHIAMMAL (DIED) Vs. KARUPAYEE AMMAL

JUDGEMENT

(1.) The plaintiff in O.S.No.326 of 2002 on the file of the District Munsif Court, Thirumangalam is the appellant herein. O.S.No. 326 of 2002 has been filed, seeking Judgment and Decree for permanent injunction restraining the defendant or anybody acting under the defendant, from interfering with the possession and enjoyment of the suit schedule properties. This suit came up for consideration before the learned District Munsif, Thirumangalam and by Judgment and Decree dated 23.07.2003, the suit was decreed.

(2.) Challenging the said Judgment and Decree, the defendant had filed A.S.No.238 of 2003 which came up for consideration on 31.03.2005 before the learned III Additional Subordinate Judge, Madurai. The learned Subordinate Judge, Madurai allowed the appeal and reversed and set aside the Judgment in O.S.No.326 of 200

(3.) Aggrieved by that Judgment, the plaintiff had filed the present Second appeal. Pending the appeal, the plaintiff had died and her legal representatives were brought on record as appellants-2 to 5. The Second appeal had been admitted and the following substantial questions of law had been framed.