V K CHINNAIYA REDDY Vs. A C NACHAGOUNDER

JUDGEMENT

(1.) THIS second appeal is focused by the defendants 1 and 3, animadverting upon the judgment and decree dated 24.11.2008 passed by the learned subordinate Judge, Bhavani in A.S. No. 29 of 2007 confirming the judgment and decree dated 16.4.2007 passed by the learned Principal District Munsif, Bhavani in O.S. No. 51 of 2006, which was one for permanent injunction. For convenience sake, the parties are referred to here under according to their litigative status before the trial Court.

(2.) THE first respondent/plaintiff, filed the suit seeking injunction so as to restrain the defendants from interfering with his possession of the suit properties till he is evicted as per law. THE defendants entered appearance. D3 filed the written statement resisting the suit, which was adopted by D1 whereupon, the trial Court framed the necessary issues, based on the pleadings.

(3.) AFTER hearing both the sides for sometime, the following substantial questions of law were framed:1. Whether the first appellate Court was justified in assuming as though the trial Court upheld the validity of Exhibit A-1, the lease deed?2. Whether the first appellate Court was justified in upsetting the findings of the trial Court, by holding based on revenue records that the plaintiff was not in possession of the suit property?3. Whether the trial Court was justified in dismissing the suit in to despite admission by D1 and D3 that with the permission of D1 only, the plaintiff took his irrigation pipe across the suit property?