VALLIAMMAL Vs. PALANISAMY

JUDGEMENT

(1.) This Second Appeal has been filed by the Concurrent findings of the Courts below. Brief facts leading to the filing of the Second Appeal :

(2.) The appellants are the defendants in the suit O.S No.42 of 2002 on the file of the First Additional District Munsif Court, Erode and the respondents are the plaintiffs. The suit was filed by the plaintiffs against the defendants for a permanent injunction restraining the defendants from interfering with their peaceful possession and enjoyment of the suit properties.

(3.) The case of the plaintiffs is that the suit property is a Natham poramboke in R.S. No.176 of 2005. According to them, it consists of a tiled house, a thatched shed in front of the house and a vacant site in front of the house. According to the appellants / plaintiffs, they occupied the land 33 years before the date of the filing of the suit. It is the case of the appellants / plaintiffs that they obtained electricity service connection and they have been paying the electricity charges to the Electricity Board ever since their occupation of the building in the suit property. It is the case of the plaintiffs that the defendants are the influential persons in the said locality and they attempted to occupy the suit property by force. It is also stated in the plaint that the defendants 2 to 4 tresspassed into the suit property and damaged the utensils and several articles inside the house on 09.01.2002 and also caused injuries to the plaintiffs. It is also stated in the plaint that the plaintiffs gave a complaint against the defendants to the Sub Inspector of Police, Modakurichi Police Station and the said complaint was registered as 7/2002 of Modakurichi Police Station. Since, according to the plaintiffs, the defendants were disturbing their peaceful possession and enjoyment of the suit schedule property, they were constrained to file the suit.