R.MALA
Murugesan – Appellant
Versus
J. Kannayiram – Respondent
1. This second appeal arises out of the Judgment and Decree dated 23.12.1987 in A.S.No.123 of 1986 on the file of the learned District Judge, Chengapattu.
2. The averments made in the plaint are as follows:-
The plaintiffs are brothers. They own suit property and running their respective shops in the same for the past twenty years. The defendant is residing at back portion of the suit property and hence the defendant has given trouble to the plaintiffs often. In fact, the defendant's possession is permissive. The suit property was ordered to be assigned on 28.06.1968 in favour of the plaintiffs. The plaintiffs have been running the business and paying the tax to the Municipality. The defendant has no right to the suit property and with a view to encroach upon the place in occupation of the plaintiffs, he has been indulging in all sorts of illegal activities and police complaint was also given against him. Since the defendant is threatening to forcibly remove the shops of the plaintiffs and encroach the suit property, the plaintiff filed a suit in O.S.No.317 of 1981 for permanent injunction restraining the defendant, his men and agents from in any manner interfering with p
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