N.SATHISH KUMAR
R. Pappa Naicker (Deceased) – Appellant
Versus
P. Chinnaswami – Respondent
(Prayer: Second Appeal filed under Section 100 C.P.C. against the judgment and decree of Principal Sub Judge, Namakkal in A.S.No.161 of 2007 dated 28.07.2007 reversing the Judgment and Decree in O.S.No.189 of 2005 of District Munsif cum Judicial Magistrate, Paramathi dated 18.04.2007.)
1. Aggrieved over the finding of the First Appellate Court allowing the appeal setting aside the judgment of the trial Court granting permanent injunction, present second appeal came to be filed.
2. The brief facts leading to file this Second Appeal is as under:
2.(a) The suit properties originally owned by one Rankappa Naicker and Palani Naicker. The Plaintiff has purchased the suit properties from Rankappa Naicker on 11.04.1962. Similarly, he has also purchased from one Palani Naicker on 13.09.1982. From the date of the above purchase the Plaintiff is in absolute possession of the property and enjoyment of the same and also paying kist receipts. The defendants have no right whatsoever in the suit properties. Patta, Chitta and Adangal also in the name of the Plaintiff. Defendants are third parties to the suit properties. They are neighbouring land owners. The Defendants 1 and 2 threatened the
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