UDAYAM Vs. RAGUPATHI

JUDGEMENT

(1.) Aggrieved over the concurrent finding of the trial Court and First Appellate Court granting Declaration and Injunction in respect of the suit property the present Second Appeal came to be filed. For the sake of convenience, the parties are arrayed as per their own ranking before the trial Court.

(2.) The brief facts leading to file this Second Appeal is as under:

(3.) The Defendants denied the allegation of the Plaintiff and submitted that the entries in the R.T.R.will not advance the case of the Plaintiff. The Defendants are not aware of the earlier suit in O.S.No.683 of 1987, since the above decree will not bind them. The Defendants never trespassed the portion of the property. On the other hand the 2nd Defendant has executed a Paguthi chit in favour of the First Defendant on 01.07.1989 and he has regularly paying the rent to the Temple due to the temple. With the permission of the temple authorities and 2nd Defendant has constructed a pucca house for which the Panchayat also levied house tax. The house bears door No.10-A. The second defendant also obtained electric connection. Hence prayed for the dismissal of the suit.