JUDGMENT :

(Prayer: This Memorandum of Second Appeal is filed under Section 100 of Code of Civil Procedure, against the Judgment and decree dated 29.04.2008 made in A.S.No.136 of 2006 on the file of the learned I Additional District Judge, Coimbatore, partly reversing the judgment and decree dated 24.04.2006 made in O.S.No.334 of 2004 on the file of the learned II Additional Subordinate Judge, Coimbatore.)

1. The present second appeal is directed against the judgment and decree dated 29.04.2008 passed in A.S.No.136 of 2006 on the file of the learned I Additional District Judge, Coimbatore, modifying the judgment and decree dated 24.04.2006 passed in O.S.No.334 of 2004 on the file of the learned II Additional Subordinate Judge, Coimbatore.

2. The appellants/plaintiffs have filed a suit before the learned II Additional Subordinate Judge, Coimbatore, seeking the relief of permanent injunction restraining the 1st defendant, his men and agents, or anybody, claiming through him from in any way interfering with the plaintiffs’ peaceful possession and enjoyment of the suit property and for costs. The learned II Additional Subordinate Judge, Coimbatore, by judgment and decree dated 24.04.2006, decreed the suit.

3. Being dissatisfied with the findings arrived at by the learned II Additional Subordinate Judge, Coimbatore, the 1st defendant preferred an appeal in A.S.No.136 of 2006 on the file of the learned I Additional District Judge, Coimbatore, praying to set aside the judgment and decree dated 24.04.2006 passed by the learned II Additional Subordinate Judge, Coimbatore.

4. By judgment and decree dated 29.04.2008, the learned I Additional District Judge, Coimbatore, partly allowed the suit and confirmed the decree passed by the trial Court, in respect of suit survey Nos.254/5 and S.F.No.231 of Odanthurai Village, Mettupalayam Taluk and set aside the findings arrived at by the trial Court in respect to suit Survey No.230. Feeling aggrieved over the same, the plaintiffs are before this Court with the present Second Appeal.

5. For the sake of convenience hereinafter, the parties are referred to, as described before the trial Court.

6. The averments made in the plaint, in brief are as follows:

(i) The suit property comprises of a total extent of 6.13 acres, out of which, an extent of 3.36 acres is comprised in SF No.245/5, an extent of 2.47 acres is comprised in SF No.231 and an extent of 30 cents comprised in SF No.230.

(ii) The plaintiffs are the absolute owners of the portion comprised in S.F.Nos.254/5 and 231. The property comprised in S.F.No.230 is a poramboke land. The plaintiffs have been paying the necessary B-Memo charges in respect of S.F.No.230 for the last 30 years. To the north of S.F.No.254, the east-west channel is situated and the channel is called ‘Marudavali Channel’. The Channel proceeds along the other survey fields such as S.F.Nos.255, 258 and 259. The plaintiffs are having the right, title and interest in respect of S.F.Nos.231 and 254/5 in the capacity of absolute owners. While at the same time, they are having the right in respect of S.F.No.230, as an occupier of the poramboke land.

(iii) The 1st defendant herein is having agricultural lands situated to the west of the suit property. He has no property to the immediate vicinity of the suit property in all the four directions. For the last around eight months or so, the 1st defendant has been adopting an inimical attitude against the plaintiffs. He has been very keen to disrupt the plaintiffs’ peaceful possession and enjoyment of the suit property. Without any rhyme or reason, he started writing to survey authorities on the ground that the plaintiffs are unrighteously enjoying the poramboke lands by paying the B-Memo charges. He needs to survey the suit property. Over the last few months, the 1st defendant has been accelerating his illegal attempts to somehow interfere with the peaceful possession by hook and crook. On account of the persistent complaint by the 1st defendant,