RATHNASAMY MUDALIAR DIED Vs. RASU

JUDGEMENT

(1.) THE C.M.A. has been filed against the order of remand by the Subordinate Judge, Myiladuthurai in A.S. No. 12 of 1990 on the file. THE first appellant in the Civil Miscellaneous Appeal filed sujt O.S. No. 171 of 1983 before the District Munsif, Seerghazi against the respondent herein for a permanent injunction restraining him, his men and agents from interfering with his possession or in the alteernative for recovery of possession in respect of an extent of 7 cents in R.S. No. 166/4 in 91 Mudikandanallur Village in Tharangambadi Taluk, Myiladuthurai Registration District with 22 Coconut trees, plantains and trees like portia, vaagai and morgoza. Pending C.M.A. he died and his legal representatives have come on record as appellants 2 and 3. THE case as set out in the plaint is as follows:

(2.) THE defendant has filed a written statement and an additional written statement with the following averments; THE title and possession of the plaintiff to the suit property are denied. THE defendant is a poor Harijan in possession of 15 Kuzhis for the past 25 years bounded on the North by the Tank and East West and South by Channels. He has put fence all round and the property is in his possession and lock and key. He has raised the various trees. He is living in the hut built in the property and it is known to everybody in the village. THE enmity mentioned in the plaint is not true. THEre was no necessity for the defendant to cut the trees belonging to him. THE alternative prayer is not maintainable.

(3.) AS against this order of remand the present appeal has been filed.