Varadhan @ S. R. Varadharajan vs S. Mariappan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Mad) 1562

R. HEMALATHA
Varadhan @ S. R. Varadharajan – Appellant
Versus
S. Mariappan – Respondent

Advocates appeared:
For the Appellant:D. Shivakumaran, Advocate. For the Respondent:N. Ilangovan, Advocate.

JUDGMENT

(Prayer: Second Appeal filed under Section 100 CPC, 1908 against the decree and judgment dated 06.09.2005 passed in A.S. No.97 of 2005, on the file of the Principal Subordinate Judge, Salem, upholding the decree and judgment dated 01.04.2005 passed in O.S. No.284 of 2003, on the file of the I Additional District Munsif Court, Salem.)

1. The appellant is the defendant in O.S. No.284/2003. The respondent/plaintiff filed the suit in O.S. No.284/2003 against the appellant/defendant for a permanent injunction restraining the latter from interfering with his peaceful possession and enjoyment of the suit property.

2. For the sake of convenience, the parties are referred to as per their ranking in the trial court and at appropriate places, their rank in the present appeal would also be indicated.

3. The minimum facts that are required for the disposal of the present second appeal are as follows:

The suit property as described in the plaint is a dry land measuring 0.35 cents situate in old Survey Number 99/1 and new Survey No.99/5 of Seelanaikenpatty Village, Salem, within the boundaries stated therein. The plaintiff Mariappan (P.W.1) claims that he has title over the suit property