A party seeking an order of injunction must come to the court with clean hands. If the party has suppressed material facts or failed to prove their possession of the suit property, the court may dismiss the suit for injunction.

S.A.No.274 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2023

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

S.A.No.274 of 2021

and

C.M.P.No.5470 of 2021

G.Srinivasan

...

Appellant

Vs.

A.V.S.Balasubramanian

... Respondent

PRAYER: Second Appeal filed under Section 100 of C.P.C. to set

aside the judgment and decree dated 22.01.2020 in A.S.No.22 of 2011

passed by the learned Additional Subordinate Judge, Mayiladuthurai,

confirming the judgment and decree dated 24.01.2011 in O.S.No.205

of 2010, passed by the learned District Munsif, Sirkazhi.

For appellant

: Ms.Shinu Thomas

For respondent

: Mr.T.P.Manoharan, Senior Counsel

for Mr.K.P.Jotheeswaran

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S.A.No.274 of 2021

JUDGMENT

The unsuccessful plaintiff before the Courts below is the

appellant before this Court.

2.

The facts leading to the filing of the above second appeal

are briefly set out hereinbelow and the parties are referred to in the

same rank as before the Trial Court.

FACTS OF THE CASE:

2.1.

The plaintiff had filed a suit in O.S.No.205 of 2010 on the

file of the Court of Principal District Munsif, Sirkazhi, for permanent

injunction restraining the defendant, his men and agents, servants or

persons claiming through him, from, in any manner, interfering with

his peaceful possession and enjoyment of the suit property.

2.2.

It is the case of the plaintiff that the suit schedule property

was settled on him by his grandmother Sundarammal under a

settlement deed dated 25.04.2008. The settlement deed was duly

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S.A.No.274 of 2021

attested and registered. From the date of the settlement, the plaintiff

has been in peaceful possession and lawful enjoyment of the suit

property without any let or hindrance. Further, the plaintiff has leased

out the 1^st item of the suit property to a third party.

2.3.

While so, the defendant who is a close relative of the

plaintiff and who had an eye over the suit property, had approached

him asking him to sell the property to him at a very low price. The

plaintiff refused to do so, as a result of which, the defendant got

enraged. On 18.06.2008, when the plaintiff was in the suit property,

the defendant along with a group of men came to the suit property and

attempted to trespass into the suit property. This was successfully

prevented by the plaintiff and his servants and the defendant had left

stating that he will return. Therefore, the plaintiff has come forward

with the suit for permanent injunction against the defendant.

2.4.

The defendant had filed a written statement inter alia

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S.A.No.274 of 2021

contending that the suit has been filed suppressing all the material

facts and documents and on false contentions.

2.5.

The defendant would submit that the plaintiff has

suppressed the execution of two settlement deeds in favour of the

defendant by Sundarammal in the year 2001 and delivery of

possession of the suit schedule property to him. It is the further case of

the defendant that the plaintiff has suppressed the fact that it is the

defendant who is in exclusive possession and enjoyment of the suit

property from the said date. He would also submit that the plaintiff is

none else than his nephew.

2.6.

The said Sundarammal has purchased both items of the

suit property under a sale deed dated 30.09.1965. The defendant, right

from the beginning, has been living with his parents and assisting his

father in running the jewellery business and after the demise of his

father, he was the one taking care of his mother viz., Sundarammal.

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S.A.No.274 of 2021

Therefore, taking into consideration the above, the said Sundarammal

had executed two settlement deeds, settling the suit property upon the

defendant. The