K. MADHAVA REDDY, J.

( 1 ) THE plaintiff in O. S. No. 212 of 1967 on the file of the District Munsifs Court, Rajam is the appellant herein. He has filed the suit for a perpetual injunction to restrain the defendant from interfering with his possession over the plaint schedule site the defendant denies that fact and claims that he was in possession. The trial Court on examination of the entire evidence on record including the evidence of PWs 1 to 3 and the report of the Commissioner appointed by it to report about the local features of the suit site, held about the local features of the suit site, held that the plaintiff was not in possession of the properties and accordingly dismissed the plaintiffs suit. With that finding the appellate Court also concurred. In coming to the conclusion it observed that P. W. s 1 to 3 support the case of the plaintiff and D. Ws 1 to 5 were speaking in favour of the defendant in regard to the use of the suit site and then proceeded to hold that the Commissioners report is the deciding factor in the present case and on a consideration of the report, held that the plaintiff is not in possession of the suit site and confirmed the dismissal of the suit.

(

Click Here to Read the rest of this document