JUDGMENT

(Prayer: Appeal Suit filed under Section 96 of the Code of Civil Procedure, to set aside the Judgment and Decree dated 20.10.2014 made in O.S.No.80 of 2011, on the file of the II-Additional District Court, Salem District.)

A. The Appeal:

This Appeal Suit is directed against the judgment and decree dated 20.10.2014 in O.S.No. 80 of 2011 on the file of the II- Additional District Judge, Salem, in and by which the suit filed by the plaintiffs to declare the title of the plaintiffs in respect of ‘B’ Scheduled property, for delivery of vacant possession, for a permanent injunction restraining the defendants from in any manner continuing the construction of a building was decreed by the Trial Court. The original defendant has filed this Appeal Suit and since pending the Appeal Suit he had passed away, his legal heirs are brought on record as appellants 2 to 5.

1.1 Hereinafter in this judgment, the parties would be referred to as per their array in the original suit.

B. The Case of the Plaintiffs:    2. The case of the plaintiffs is that they are the owners of the suit Schedule ‘A’ property, they having purchased the same from one R.V.Krishna Prakash, for himself and as a power of att