The main legal point established in the judgment is the entitlement of a person related to the original tenant to seek the relief of permanent injunction and the rejection of claims of impersonation.

JUDGMENT :

Prayer: Second Appeal filed under Section 100 of CPC, 1908 against the judgment and decree dated 05.03.2007 made in A.S.No.36/2005on the file of the principal sub judge, Puducherry, reversing the judgment and decree dated 23.12.2003 made in O.S.No.500/2002 on the file of the court of the II Addl. District Munsif, Puducherry.

1. Challenge in this second appeal is made to the judgment and decree dated 05.03.2007 passed in A.S.No.36/2005 on the file of the Principal subordinate court, Puducherry, reversing the judgment and decree dated 23.12.2003 passed in O.S.No.500/2002 on the file of the II Addl. District Munsif Court, Puducherry.

2. For the sake of convenience, the parties are referred to as per their rankings in the trial court.

3. The defendants 4 and 5 in O.S.No.500 of 2002 are the appellants in the Second Appeal.

4. Suit for permanent injunction.

5. The case of the plaintiff, in brief, is that the defendants 1 to 3 are the owners of the suit property and they had leased out the suit property one Muttramkarar for cultivation, who in turn agreed to the pay the rent by way of giving 5 bags and 5 marakas of paddy every year and Muttramkarar was in the possession and enjoyment of the suit property as the cultivating tenant and he had no issues and entrusted the suit property for cultivation to his younger brother's daughter Annakili @ Janaki and accordingly, Annakili @ Janaki was paying the rent and the owners also recognised her possession and enjoyment and after the demise of Annakili @ Janaki, her daughter, namely the plaintiff, succeeded as the cultivating tenant of the suit property and paying the rent and the same had also been recognised by the owners by issuing necessary receipts in favour of the plaintiff and the defendants, particularly the defendants 4 and 5,without any entitlement, right or interest over the suit property threatened to interfere with the plaintiffs possession and enjoyment and hence, according to the plaintiff, she has been necessitated to lay the suit for appropriate relief.

6. The defendants 1 and 2 resisted the plaintiffs suit contending that the suit property originally belonged to Arulnathan Larcher and after his demise the suit property devolved upon his legal heirs including the first defendant, and the second defendant is the power agent of the other owners of the suit property and the third defendant is the previous power agent and admitted that the suit property was originally leased out to one Muttramkarar in 1960's and after his demise, one Annakili, Wife of Ganapathy was cultivating the suit property and around 1995 Annakili gave the suit property to one Sekar on bogium and on complaint subsequently the said Sekar executed the surrender deed and handed over the suit property to the fourth defendant and the fourth defendant with the permission of defendants 1 and 2 allowed the plaintiff to cultivate the suit property and accordingly the plaintiff had been cultivating the suit property by paying necessary rents . However, the plaintiff was not regular in the payment of rent and hence the suit is liable to be dismissed.

7. The fourth defendant mainly resisted the plaintiffs suit contending that the suit property was originally cultivated by Muttramkarar and he was married to one Anjalai, who had the sister by name Magadambal. Magadambal had three daughters and the name of the eldest daughter is Janaki, who is the mother of the plaintiff and the said Janaki did not have any alias name as Annakili. The plaintiffs mother Janaki died in the year 1971 and at that point of time the plaintiff was a small child and after the demise of Muttramkarar, his wife Anjalai and the fourth defendant continued to cultivate the lands and the fourth defendant was taken as the foster daughter of Muttramkarar and after the demise of Anjalai, it is only the fourth defendant who had been enjoying the suit property as the cultivating tenant and paying the rent to the owners and the rent receipts issued in favou