LAWS(MAD)-2018-8-929

ARUNAGIRI Vs. SUBRAMANIAN(DECEASED)

Decided On August 03, 2018
ARUNAGIRI Appellant
V/S
Subramanian(Deceased) Respondents

JUDGEMENT

(1.) This Second Appeal has been filed by the defendants against the Judgment and decree passed by the Principal District Judge, Tiruvannamalai in A.S.No.136 of 1998 dated 17.06.1999 reversing the Judgment and Decree passed by the II Additional District Munsif, Tiruvannamalai in O.S.No.531 of 1984 dated 25.08.1998.

(2.) The first respondent herein had filed a suit in O.S.No.531 of 1984 on the file of the II Additional District Munsif, Tiruvannamalai for permanent injunction restraining the defendants from interfering with his peaceful possession and enjoyment of the suit property. The learned II Additional District Munsif, Tiruvannamalai by the Judgment dated 25.08.1998 had dismissed the said suit. Aggrieved by the same, the first respondent herein had filed an appeal in A.S.No.136 of 1998 on the file of the Principle District Judge, Tiruvannamalai. The learned Principle District Judge, Tiruvannamalai by the Judgment dated 17.06.1999 had allowed the said appeal reversing the Judgment and Decree of the trial Court and decreed the suit not only for the relief of permanent junction but also granted the relief of declaration of the title of the plaintiff to the suit property. Feeling aggrieved, the defendants have preferred the present second appeal. During pendency of this second appeal, the first respondent/plaintiff died and his legal representatives have been impleaded as respondents 2 to 4. For the sake of convenience, the parties are referred to as described before the trial Court.

(3.) The averments made in the Plaint are, in brief, as follows:-