STATE OF TAMIL NADU Vs. T.KRISHNASAMY CHETTIAR

JUDGEMENT

(1.) The defendants are the appellants in this second appeal. The suit filed for injunction was dismissed by the Trial Court. On appeal, the First Appellate Court reversed the judgment and decree of the Trial Court and decreed the suit. Hence, this Second Appeal.

(2.) According to the plaintiff, the suit property measuring 11 cents bearing S.No. 158/2 at kondalampatti Village, Salem District was purchased by his mother Venkattamma on 10.03.1935. After the demise of his mother, her other legal heirs released their right over the property in favour of the plaintiff on 27.05.1963. The mutation of revenue records had been carried out and the property stands in the name of the plaintiff. The Government High School is located encircling the suit land. When the School authorities and some local people wanted the plaintiff to donate the suit property for the school, the plaintiff refused to donate. Therefore, at the instrication of some local people, the fourth defendant who is the Head Master of the High School is trying to encroach upon the suit property and interfere the peaceful possession of the plaintiff by putting up construction over it.

(3.) Notice under section 80 of the Code of Civil Procedure was issued to the defendants 2 and 4 on 27.06.1986. Since, the defendants have brought down building materials to put up construction in the suit property, permanent injunction restraining the defendants from interfering the peaceful possession of the plaintiff was sought for.