S. ARUMUGAM Vs. A.N. SUBRAMANIYAN

JUDGEMENT

(1.) Aggrieved over the judgment and decree of the first appellate Court in dismissing the suit, the present Second Appeal has been filed.

(2.) The parties are arrayed as per their own ranking before the trial Court.

(3.) The suit property originally belong to one Arumugam and he is in enjoyment of the same beyond the statutory period without any interruption and disturbance. The said Arumugam executed a General Power of Attorney in respect of the 'B' schedule property in favour of the first plaintiff on 27/3/2001. Thereafter, the 'A' schedule property was sold to the first plaintiff by the said Arumugam on 24/9/2003. Thereafter, the plaintiff has executed a sale deed on 25/2/2004 with respect of 'B' schedule property to the second plaintiff. The 'A' and 'B' schedule properties are vacant site. The plaintiffs are enjoying the suit property commonly and stored waste materials in the manure pit and also stored Vaikol in the suit property. The defendants are the strangers to the suit properties. They are having vacant site adjacent to the suit properties. They are no way connected with the suit properties. They have made an attempt to trespass into the suit properties on 5/9/2004. Hence, the suit.