V PALANI GOUNDER Vs. K RANGASAMY GOUNDER

JUDGEMENT

(1.) The defendants having resisted the suit, filed by the plaintiff for mandatory injunction, successfully before the trial Court, failed before the first appellate Court and the result is the second appeal.

(2.) The plaintiff/respondent has filed a suit before the District Munsif, Kallakurichi, for mandatory injunction viz., for the removal of thatched shed, as indicated in the plaint plan, contending that he had purchased the property described in the plaint, under a registered sale deed dated 14.3.60, for which there was a pathway, that when there was an attempt to prevent the pathway by the defendants, he had filed a suit in O.S.No.741/71, on the file of the District Munsif Court, Kallakurichi, where a decree for permanent injunction was granted, that when the defendants disobeyed the injunction order, contempt petition was filed, which was closed on the undertaking given by the defendants, that they will not disturb the possession of the plaintiff, that despite the undertaking, they have encroached upon a portion and put up a thatched shed, which should be removed by an order of mandatory injunction.

(3.) The appellants/defendants, who are the father and son, have opposed the suit for mandatory injunction, admitting that there is a pattai, in the north and south direction, which is used by the plaintiff and the defendants as common, that they are in possession and enjoyment of their property purchased under a registered sale deed dated 17.10.1959, constructing thatched cattle shed in the year 1960, which was renovated in June 1982, denying other allegations, praying for the dismissal of the suit.