In a suit for injunction, the plaintiff must establish prima facie title or possession; failure to do so results in dismissal of the suit.

JUDGMENT :

(R. Sakthivel, J.)

(PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, praying to set aside the Judgment and Decree dated February 21, 2019 passed by the learned Subordinate Judge, Ponneri in A.S.No.6 of 2012, confirming the Judgment and Decree dated February 17, 2011 passed by the learned District Munsif, Ponneri in O.S.No.340 of 2004, and consequently dismiss the Suit in O.S.No.340 of 2004.)

This Second Appeal is preferred by the unsuccessful defendants assailing the Judgment and Decree dated February 21, 2019 passed in A.S.No.06 of 2012 by the 'Subordinate Judge, Ponneri' [henceforth 'First Appellate Court'], whereby the Judgment and Decree dated February 17, 2011 passed in O.S.No.340 of 2004 by the ‘District Munsif Court, Ponneri' [henceforth 'Trial Court'] was confirmed.

2. To be noted, during pendency of the Appeal Suit before the First Appellate Court, the sole plaintiff – Elumalai died and hence, the Respondent Nos.2 to 6 in the Appeal Suit [Respondent Nos.1 to 5 herein] were brought on record as his legal representatives. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.

Plaintiff's Case:

3. The Suit Property originally belonged to one Saradambal. The said Saradambal filed the Original Suit in O.S.No.200 of 1958 on the file of District Munsif Court, Poonamallee for specific performance against Balasundaram Chetty and others and the same was dismissed on August 3, 1961. Assailing the same, Saradambal filed an Appeal in A.S.No.354 of 1961 on the file of Sub Court (Sic District Court), Chengalpet and the same was allowed. Feeling aggrieved, Balasundaram Chetty and others filed Second Appeal in S.A.No.219 of 1964 before this Court and the same was dismissed. The said Saradambal and her son - Mohan had taken possession of the Suit Property through Court by filing E.P.No.577 of 1972 and been in its possession and enjoyment. The husband of Saradambal as well as her son predeceased her. The said Saradambal had one sister by name Valliammal, who also passed away. The plaintiff is the son of above said Valliammal and he is in possession and enjoyment of the Suit Property after the death of Saradambal as her only legal heir. As the plaintiff is employed in Porur, he is not able to permanently reside in the Suit Village. Taking advantage of the said fact, the defendants without any right, attempted to interfere with the plaintiff's peaceful possession and enjoyment of the Suit Property on October 3, 2004. Hence, the Suit for permanent injunction.

Defendants' case:

4. The Defendant Nos.1 and 2 filed written statement denying the allegations made by the plaintiff in the plaint. They contend that the plaintiff had never been in possession and enjoyment of the Suit Property. The plaintiff and his parents are not residing in the Suit village and no way connected to the Suit Property. The defendants are absolute owners of the Suit Property and they are in continuous possession and enjoyment of the same for more than five decades viz., more than the statutory period by adverse possession. The plaintiff ought to have sought the relief of declaration. There is no cause of action in this Suit. Accordingly, they prayed to dismiss the Suit with costs.

5. To be noted, the Trial Court has noted that the Defendant No.3 is said to have passed away one year before the date of plaint rendering the Original Suit against him a nullity.

Trial Court:

6. At trial, plaintiff - Elumalai was examined as P.W.1 and Ex-A.1 to Ex-A.3 were marked on the side of the plaintiff. On the side of the defendants, the 2nd defendant - Ravi was examined as D.W.1, one Senthil was examined as D.W.2 and Ex-B.1 to Ex-B.4 were marked.

7. After full-fledged trial, the Trial Court held that the Defendant Nos.1 and 2 failed to prove the execution and attestations of Ex-B.1 and Ex-B.2 – Sale Deeds (both) dated November 5, 1976 allegedly executed by one Mohan son of Saradambal in fa