JUDGMENT

(Prayer: Second Appeal filed under Section 100 CPC, 1908 against the decree and judgment dated 25.01.2007 passed in A.S. No.54 of 2006, on the file of the Sub Court, Nilgiris, upholding the decree and judgment dated 28.04.2006 passed in O.S. No.431 of 2004, on the file of the District Munsif Court, Uthagamandalam.)

1. The defendants in O.S. No.431 of 2004, on the file of the District Munsif Court, Uthagamandalam are the appellants in the present appeal. The suit was filed by the respondent/plaintiff for a bare injunction restraining the present appellants/defendants from interfering with their peaceful possession and enjoyment of the suit property which is morefully described in the plaint schedule as a land in Old S.No.3816/2A and sub divided as R.S.No.3816/7 of Nilgiris District measuring 0.03 acres of land together with a common right of way shown in the plaint plan.

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 case of the respondent/plaintiff is that he purchased the suit property through a registered sale deed dated 24.04.1991