DHANRUPARAM CHOUDHARY Vs. RAVICHANDRAN

JUDGEMENT

(1.) This Second Appeal has been filed by the plaintiff against the judgment and decree passed by the Principal Sub-Judge, Erode, in A.S. No. 35 of 2012 dtd. 28/9/2012 reversing the judgment and decree passed by the First Additional District Munsif Court, Erode, in O.S. No. 18 of 2010 dtd. 29/11/2011.

(2.) The appellant herein had filed a suit in O.S. No. 18 of 2010 on the file of the First Additional District Munsif, Court, Erode, to restrain the defendant, his men, etc., from trespassing into the suit property or disturbing his peaceful possession and enjoyment of the same by means of permanent injunction. The learned First Additional District Munsif, Erode, by the judgment dtd. 29/11/2011 had decreed the said suit without costs. Aggrieved by the same, the defendant had filed an appeal in A.S. No. 35 of 2012 on the file of the Principal Sub-Judge, Erode. The learned Principal Sub-Judge, Erode by the judgment dtd. 28/9/2012, had allowed the said appeal and set aside the judgment and decree passed by the trial Court and dismissed the said suit. Feeling aggrieved, the plaintiff has filed the present second appeal. For the sake of convenience, the parties are referred to as described before the trial Court.

(3.) The averments made in the plaint are in brief as follows:-