JUDGEMENT

The plaintiffs in O.S.No.21 of 2002 on the file of the Court of the District Munsif of Madurai Taluk are the appellants in this second appeal. The suit was for permanent injunction. The trial Court decreed the suit. On appeal by the contesting defendants, the first appellate Court reversed the decision of the trial Court and dismissed the suit by allowing the appeal. This second appeal was admitted on the following substantial questions of law:-

“1.Has not the learned Subordinate Judge erred in holding that the plaintiffs have not proved with sufficient evidence that they are in possession of the suit land though the same were admitted by the defendants under Exs.B3 and B4?

2.Has not the learned Judge erred in admitting and receiving in evidence documents B3 and B4 which are unregistered sale deed? and

3.Has not the learned Judge erred in holding that the unregistered sale deed can be marked as documents because the same was not objected to at the time of their marking by the plaintiffs?”

2.The learned counsel appearing for the appellants reiterated all the contentions set out in the memorandum of grounds. He submitted that the suit property belonged to the third defendant/P.R