PANDURANGAN Vs. SHANMUGAM

JUDGEMENT

(1.) THE plaintiff is the appellant herein. THE suit was filed by the plaintiff seeking for a declaration of possessory title of the plaintiff and also for permanent injunction restraining the defendants 1 and 2 from interfering with the peaceful possession and enjoyment of the plaintiff.

(2.) THE trial court accepted the case of the plaintiff and decreed the suit as prayed for. THE First Appellate court reversed the finding of the trial court. As against which the plaintiff has preferred the present Second Appeal.

(3.) THE defendants resisted the claim of the plaintiff on the ground that Kaliamoorthy who put up a superstructure in the suit property sold the same to the second defendant on 13.02.1988. THEre after the first and second defendants have been in possession and enjoyment of the suit property. Setting up a rival possessory title to the suit property, the defendants sought for dismissal of the suit.