S JEBAMALAI Vs. P JOHN THOMAS

JUDGEMENT

(1.) The defendants in the suit in O.S.No.45 of 2010 on the file of the learned District Munsif, Sathankulam are the appellants in this Second Appeal. The Suit is O.S.No.45 of 2010 on the file of the learned District Munsif, Sathankulam was filed by the respondents 1 and 2 for permanent injunction restraining the defendants, their men and agents not to disturb the peaceful possession and enjoyment of the suit property. The suit property has been described as a property measuring an extent of 1.49.5 Hectares in Survey Number 437/3A in Eluvaraimukki Panchayat within Nazareth Sub-Registration District.

(2.) The case of the plaintiffs as stated in the plaint are as follows:

(3.) The suit was resisted by the appellants disputing the title of the plaintiffs' predecessors-in-interest. The defendants also questioned how the sale deed could be executed in favour of the plaintiffs' by their predecessors-in-interest, who have no title to the property. Contending that the defendants are in possession of the property, the defendants/appellants prayed for dismissal of the suit. The defendants have also raised a plea that the suit property as described in the plaint is not in existence.