LAKSHMI Vs. RAMAN

JUDGEMENT

(1.) THIS second appeal is focussed by the defendant, animadverting upon the judgment and decree dated 15.11.2007 passed in A.S.No.125 of 2007 by the Sub Court, Salem, confirming the judgment and decree dated 04.04.2007 passed by the II Additional District Munsif, Salem, in O.S.No,2423 of 2004, which was filed for permanent injunction as against the defendant, restraining him from interfering with the plaintiff's peaceful possession and enjoyment of the suit immovable property. For convenience sake, the parties are referred to hereunder according to their litigative status before the trial Court. (b) The trial Court framed the relevant issues. During trial, on the plaintiff's side oneRamanwas examined as P.W.1 Semban was examined as P.W.2 and Vairavel was examined as P.W.3 and Exs.A1 to A47 were marked. On the defendant's side no one was examined and no document was marked. Ex.C1 to Ex.C3 were marked as Court documents. (c) Ultimately, the trial Court decreed the suit and as against which, A.S.No.125 of 2007 was filed for nothing but to be dismissed by the first appellate Court, confirming the judgment and decree of the lower Court.

(2.) BEING disconcerted and aggrieved by the judgments and decrees of both the Courts below, this second appeal is focussed by the defendant on various grounds and also setting out the following substantial questions of law:- a) Whether the Courts below are justified in holding that the suit is not bared by res judicata and decreeing the suit for permanent injunction as prayed for? b) Whether the suit for permanent injunction without seeking the relief of declaration of title of the respondent/plaintiff is maintainable in law in view of the permanent injunction granted in favour of the appellant/defendant herein in the earlier suit in O.S.No,754 of 2000 filed by her?

(3.) THE 'B' scheduled property in the said suit O.S.No,754 of 2000, was described as one bearing Survey No.13/4C2, comprising of 27 cents. However, in the present suit O.S.No,2423 of 2004, the Survey Number is 28/3E2 measuring an extent of 0.41.5 ares.