The judgment emphasizes the availability of alternative remedies and the importance of safeguarding the interests of both parties in property disputes.

2. The above civil revision petition is directed against the order of the learned District Munsif, Alandur passed in I.A.No.980 of 2007 in O.S.No.237 of 2007, filed by the plaintiffs under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure for an order of ad-interim injunction restraining the defendants, including the petitioner herein from interfering with the peaceful possession and enjoyment of the schedule mentioned property.

3. The suit filed by the plaintiffs is one for permanent injunction in respect of the house and ground in premises No.5, Thiruvalluvar Street, Meenambakkam Village, Saidapet Taluk, Chingalpat District, admeasuring 4375 sq.ft. and thereabouts comprised in Natham Old Survey No.29/2. The above suit is filed by respondents 1 and 2 on the basis that they are in peaceful possession and enjoyment of the properties for the past 42 years as owners and therefore they should be deemed to be the owners to the knowledge of every one in the locality. It is also in the pleadings that they have filed the ration card, gas connection card, electricity card, property tax receipts, water tax receipts, voters list, voters identity card, school certificates, post cards etc. to show that they have been in possession of the property for 42 years. The case of the plaintiffs is that the defendants in the suit, who are the petitioner and third respondent respectively in the revision are attempting to interfere with the peaceful possession and enjoyment of their property.

4. On the other hand, it is the case of the revision petitioner, who is the second defendant in the suit that the third respondent herein, viz., Mrs.Banu Mithra, who is the first defendant in the suit is the owner of the suit property by virtue of a registered settlement dated 111. 1995, executed by her mother in her favour. The plaintiffs have chosen to give wrong door number and attempting to interfere and trespass into the property of the first defendant. The revision petitioner, who was the second defendant is a promoter of the property by virtue of an agreement between him and the third respondent and has been in possession of an extent of 540 sq.ft. and put up a building therein. In fact, the third respondent has filed a suit in O.S.No.365 of 2005 against respondents 1 and 2 for mandatory injunction to remove the unauthorised construction put up by the first respondent herein, who was the first plaintiff. Even though the said suit was dismissed, the third respondent is taking steps to file an application to restore the same.

5. Pending the present suit, viz., O.S.No.237 of 2007, the first and second respondents have filed I.A.No.980 of 2007 for ad-interim injunction. The trial Court which has already granted ex-parte injunction and after enquiry and on hearing both sides, by order dated 10. 2007, has made the interim injunction absolute on the basis that respondents 1 and 2 have made out a prima facie case by way of marking Exs.P.1 to P.24 to establish their possession. It is also seen that an Advocate Commissioner was appointed in this case and he has also noted down the physical features and a report has also been filed.

6. Mr.R.Thiagarajan, learned counsel appearing for the petitioner would submit that on the face of the records, the suit is not maintainable, since the suit for injunction is filed against the owner, viz., the first defendant in the suit, who is the third respondent in the revision, who has got the property by way of a registered settlement deed and in her turn she entered into a promoter agreement with the revision petitioner, who is the second defendant in the suit, who has in fact put up superstructure in the portion of the property. Therefore, suppressing the above said material facts the suit has been filed. That apart, ration card, electricity card and other relevant materials have been filed without filing a suit for declaration and therefore the suit for bare injunction is not maintainable. It is not known as