E T RAJAPPAN Vs. E C N MARAIYAN

JUDGEMENT

(1.) Second appeal Nos.2285 of 2003 and 2286 of 2003 are directed against the judgment and decree dated 21.08.2003 passed in A.S.Nos.77 of 2003 and 78 of 2003 respectively on the file of the Principal District Court, Coimbatore reversing the judgment and decree dated 04.03.2003 passed in O.S.Nos.127 of 1999 and 3 of 2000 on the file of the District Munsif, Mettupalayam

(2.) Both O.S.Nos.127 of 1999 and 3 of 2000 had been laid by the respondent/plaintiff for permanent injunction.

(3.) The case of the Respondent/plaintiff in both the suits in brief is that the suit properties involved in the suits belonged to the Public Works Department, Bhavanisagar and the suit properties were leased out to the plaintiff by the Public Works Department in the years 1983 and 1988 respectively and since then, it is only the plaintiff, who has been in peaceful possession and enjoyment of the suit properties and the plaintiff based on the lease, had been paying the lease amount to the Public Works Department, Bhavanisagar and the defendants/appellants, who are brothers, are jointly owing the lands situated on the eastern side of the suit properties and the suit properties are situated in between the Bhavani river and the defendants lands and therefore, the defendants approached the plaintiff, to sell the suit properties to them, to which, the plaintiff refused and enraged over the same, the defendants attempted to interfere with the plaintiff's possession and enjoyment of the suit properties to which they are not entitled to and the defendants with ulterior motive also filed a Caveat petition alleging that they are in possession and enjoyment of the suit properties with a view to prevent the plaintiff from obtaining any order from the court and hence, according to the plaintiff, he has been necessitated to lay the suit for appropriate reliefs against the defendants.