CHELLATHURAI Vs. PERUMAL NADAR

JUDGEMENT

(1.) DEFENDANTS in O.S.No.265 of 1980, on the file of District Munsifs Court, Nagercoil, are the appellants.

(2.) PLAINTIFF filed the suit for bare injunction restraining the defendants from interfering with his possession of the property which he purchased under Ex.A-1, dated 11.7.1977. It is his case that defendants who are prominent members of the locality are attempting to interfere with his possession. He also said that immediately after the purchase of the property, he installed some idols and was offering prayers. In view of the interference by the defendants, he filed the suit for injunction.

(3.) AS against the said submission, learned counsel for the respondent submitted that when title and possession of the plaintiff was admitted under Ex.A-1, and when defendants claimed possession only on the basis of the agreement of sale and if the same is not substantiated, the normal inference is that the plaintiff continues to be in possession. So, the decision of the lower appellate court is correct.