G.JAYACHANDRAN
Janaki Ammal & Others Khaderkhan – Appellant
Versus
. – Respondent
JUDGMENT :
(Prayer: Second Appeal has been filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 13.02.2009 passed in A.S.No.15 of 2007 on the file of the Sub Court, Kallakurichi confirming the judgment and decree dated 26.10.2006 passed in O.S.No.418 of 2003 before the II Additional District Munsif Court, Kallakurichi.)
(The case has been heard through Video Conferencing)
This Second Appeal is directed against the concurrent finding of the Courts below allowing the suit filed by the respondent herein for permanent injunction against the appellants herein.
2. Brief facts of the case is that the suit schedule property, which is a tiled house and vacant site appertain to it more fully described as items 1 and 2 in the plaint schedule, has been claimed by the plaintiff as his ancestral property, which he inherited through his maternal grandmother Jaidoon Bee, who had executed a Will dated 11.06.1998 in favour of the plaintiff and died on 03.01.1999. The plaintiff has been in possession and enjoyment of the house and vacant site appertain on the south of the tiled house. The respondents/appellants are trying to trespass into the land and house. Hence, su
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