R. RAJA AND ORS. Vs. R. RAMASAMY

JUDGEMENT

(1.) This Second Appeal has been preferred by the appellants/defendants, challenging the judgment and decree dated 03.08.2001 made in A.S.No.149 of 1999 on the file of the learned Principal Subordinate Judge, Dindigul, reversing the judgment and decree dated 06.11.1998 made in O.S.No.179 of 1994 on the file of the learned District Munsif, Nilakkottai.

(2.) The respondent/plaintiff herein has filed a suit in O.S.No.179 of 1994 on the file of the learned District Munsif, Nilakkottai, seeking for the relief of declaration, declaring that the respondent/plaintiff was the absolute owner of the suit property and for the relief of consequential injunction, restraining the appellants/defendants and their men from in any way interfering with plaintiff's peaceful possession and enjoyment of the suit property. The learned District Munsif, Nilakkottai, in its judgment dated 06.11.1998, had dismissed the suit with respective cost.

(3.) Aggrieved over the said findings, the respondent herein has filed an appeal in A.S.No.149 of 1999 on the file of the learned Principal Subordinate Judge, Dindigul. By a judgment and decree dated 03.08.2001, the learned Principal Subordinate Judge, had allowed the said appeal by stating that the respondent/plaintiff was entitled to the relief of declaration and injunction. Feeling aggrieved by the same, the appellants/defendants are before this Court with the present Second Appeal.