BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 07.04.2025 Pronounced on : 18.08.2025 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.A.Nos.1642 and 1643 of 2000 --

1. Tamilarasi

2. Chandran .. Appellants in S.A.No.1642 of 2000 Chandran .. Appellant in S.A.No.1643 of 2000 Vs.

1. Angamuthu (died)

2 Leelavathi

3. A.Lalitha

4. A.Subramanian (Respondents 3 and 4 are brought on record as LRs. of the deceased first respondent, vide Court Order, dated 04.01.2018 in C.M.P.Nos.7559 to 7561 of 2017 in S.A.No.1642 of 2000) .. Respondents in S.A.No.1642 of 2000

1. Angamuthu (died)

2. A.Lalitha

3. A.Subramanian (Respondents 2 and 3 are brought on record as LRs. of the deceased sole respondent, vide Court order dated 04.01.2018 in C.M.P.Nos.7562 to 7564 of 2017 in S.A.No.1643 of 2000)

.. Respondents in S.A.No.1643 of 2000 Second Appeal No.1642 of 2000 filed under Section 100 of the Code of Civil Procedure against the judgment and decree, dated 15.07.1998 made in A.S.No.169 of 1997 on the file of the II Additional District Court, Tiruchi, reversing the judgment and decree dated 28.02.1997 made in O.S.No.4 of 1992 on the file of the III Additional District Munsif, Tiruchi.

Second Appeal No.1643 of 2000 filed under Section 100 of the Code of Civil Procedure against the judgment and decree, dated 15.07.1998 made in A.S.No.166 of 1997 on the file of the II Additional District Court, Tiruchi, reversing the judgment and decree dated 28.02.1997 made in O.S.No.1549 of

1991 on the file of the III Additional District Munsif, Tiruchi.

For appellants : M/s.J.Maria Roseline in both the appeals For respondents: No appearance in both the appeals COMMON JUDGMENT Second Appeal No.1642 of 2000 is filed under Section 100 of the Code of Civil Procedure against the judgment and decree, dated 15.07.1998 made in A.S.No.169 of 1997 on the file of the II Additional District Court, Tiruchi, reversing the judgment and decree dated 28.02.1997 made in O.S.No.4 of 1992 on the file of the III Additional District Munsif, Tiruchi.

2. Second Appeal No.1643 of 2000 is filed under Section 100 of the Code of Civil Procedure against the judgment and decree, dated 15.07.1998 made in A.S.No.166 of 1997 on the file of the II Additional District Court, Tiruchi, reversing the judgment and decree dated 28.02.1997 made in O.S.No.1549 of

1991 on the file of the III Additional District Munsif, Tiruchi.

3. The suit in O.S.No.1549 of 1991 had been filed by the plaintiff stating as follows:

Initially, the property in dispute was Government land, but later it was on

7.11.1969. The plaintiff's father Muthuveeran was given the land and since then, the plaintiff has been enjoying the suit property. The plaintiff's father has built a hut in the Northern part of the land, used the back part of the house for keeping fire-wood, cattle and sheep. The plaintiff, the son of the deceased, has been enjoying the suit property since the death of the former. The house in the suit property has been taxed in the name of the plaintiff. The defendants live near the suit property. The defendant is trying to trespass on the suit property with an intention of usurping the plaintiff's property and the defendant has no right to do. On 16.07.1991, the defendants tried to trespass on the plaintiff's property by using his influence and the plaintiff prevented him from doing so. Since the defendant is a powerful person, he can try to interfere with the plaintiff's peaceful possession and enjoyment of the suit property at any time. Fearing that, the plaintiff has filed this case seeking permanent injunction against the defendant.

4. The suit in O.S.No.4 of 1992 had been filed by the plaintiff stating as follows:

The plaintiff claims that the property in question "A" belongs to the plaintiff and that the said property was given to the plaintiff by the Government and that the plaintiff is in the enjoyment thereof, and that the second plaintiff is the husband of the first plaintiff and has left the Eastern part of the said propert