S SANKAR @ VELLAIYAN Vs. BALAKRISHNAN
HIGH COURT OF MADRAS (AT: MADRAS)
S Sankar @ Vellaiyan
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Nisha Banu, J. -
(1.) This second appeal has been filed by the first defendant / appellant against the judgment and decree passed by the first appellate Court, reversing the judgment and decree passed by the trial Court, thereby granting the relief of declaration and injunction.
(2.) For better appreciation and understanding, the parties are referred to as per their in rank in the suit.
(3.) The case of the plaintiffs is that in the year 1950, the suit properties were assigned in the name of the father of the first and second plaintiffs by name K.M.Periyasamy by the Government and patta also stood in his name. He has been in possession and enjoyment of the same by paying kists and he leased out the suit properties to various third parties. There are nearly 800 fruit bearing trees in the suit properties. He mortgaged the suit properties with Land Development Bank, Kodaikanal. A house is situated in the suit properties and he had been in possession and enjoyment of the same by paying house tax, etc. On 29.07.1992, he executed two registered settlement dated 29.07.1992 in favour of the first and second plaintiffs in respect of the suit properties. Since then they have been in possession and enjoyment of the suit properties. Without having any manner of right over the suit properties, the defendants attempted to disturb the peaceful possession and enjoyment of the plaintiffs and hence, the plaintiffs approached the RDO, Kodaikanal, who enquired the matter and directed the Inspector of Police, Kodaikanal on 06.05.1993 to prevent the defendants from trespassing upon the suit properties. Thus, the plaintiffs have filed the suit for permanent injunction.;
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