A SRINIVASAN Vs. TAHSILDAR

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree, dated 31. 1. 1995, made in A. S. No. 197 of 1994, on the file of the IVth additional City civil Court, Madras, confirming the judgment and decree, dated 24. 2. 1994, made in O. S. No. 6499 of 1991, on the file of the Vth Assistant City Civil Court, madras.

(2.) THE plaintiffs in the suit, in O. S. No. 6499 of 1991, are the appellants in the present second appeal. The defendant in the suit is the respondent herein. The plaintiffs had filed the suit, in O. S. No. 6499 of 1991, praying to declare that the notice, dated 3. 9. 1991, issued by the defendant is illegal, arbitrary and non est in law and for a permanent injunction restraining the defendant and others from, in any manner, interfering with the plaintiffs" enjoyment of the plaint schedule mentioned property and for costs.

(3.) THE plaintiffs had stated that they are the owners of the land to an extent of 3 grounds and 640 sq. ft. or 22 cents, in survey No. 136/1, of Koyambedu village. The plaintiffs had stated that, originally, a larger extent of property was in the occupation and enjoyment of one Rathnam of Koyambedu Village. Rathnam had settled the said property, bearing survey No. 136, in favour of his sons, by a registered settlement deed, dated 12. 11. 1967. They had, in turn, sold an extent of 3 grounds and 640 sq. ft. or 22 cents in survey No. 136, (present survey no. 361), of Koyambedu Village, in favour of the plaintiffs, by way of a registered sale deed, dated 27. 1. 1982. After acquiring the said land, the plaintiffs have been in peaceful possession and enjoyment of the said property, which has been morefully described in Item No. 1 of the plaint schedule mentioned property.