IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.10.2025

CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN

1.Abdul Hameed (Died)

2.Sheik Abdullah

nd

(2 appellant brought on record as LRs of the deceased

sole appellant) ... Appellants

vs

1.Bajir Beevi (Died) 2.Mohammad Thalif

nd

(Since the 2 respondent remained exparte

in the lower court, notice may be

dispensed with)

3.Meera Hussain Beevi

4.Mohammed Iqbal

5.Meharaj Begam

6.Barhath Bivi

(R3 to R6 brought on record as LRs

of deceased sole appellant vide order

of court dated 23.1.2020 made in

CMP.115 to 117/2009 in SA.1569/2000)

7.Nabeeza Begam

8.Barakath Nisha 9.Faridha Begam

10.Mohammed Aslam

11.Rabiyathul Basria ... Respondents (R7 to R11 brought on record as st LRs of deceased 1 respondent vide order of court dated 2.2.2021 made in CMP.5670/2020 in SA.1569/2000)

Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree made in A.S.No.7/99 on the file of the Court of Subordinate Judge, Chidambaram dated 11.2.2000 in confirming the judgment and decree made in O.S.No.36/96 on the file of the court of District Munsif-cum-Judicial Magistrate, Porto Novo dated

26.2.99.

For Appellants : Mr.A.Muthukumar For Respondents : Mr.K.Ranjith for Ms.Mythili Srinivas (for R2, R8 and R9)

R1 – Died No Appearance (for R3, R4, R5, R6, R7, R10 & R11)

JUDGMENT

As ordered by this Court, cost has been paid. A memo has been filed. It is recorded.

2. The present Second Appeal arises out of the judgment and decree of the Court of the Subordinate Judge, Chidambaram in A.S.No.7 of 1999 dated 11.02.2000, in confirming the judgment and decree in O.S.No.36 of 1996 on the file of the learned District Munsif-cum-Judicial Magistrate, Porto Novo, dated 26.02.1999.

3. For the sake of convenience, the parties shall be referred to, as per their ranks before the Trial Court. The plaintiff appeals.

4. O.S.No.36 of 1996 was originally presented as O.S.No.519 of

1987 on the file of the District Munsif Court, Chidambaram. With the creation of a District Munsif Court in Porto Novo and as the suit property falling within the jurisdiction of that Court, the suit stood transferred to the file of the District Munsif Court, Parangipettai. It was re-numbered as O.S.No.36 of 1996.

5. The suit was presented for a relief of permanent injunction restraining the defendants, their men, agents and subordinates, etc., from interfering with the plaintiff’s peaceful possession and enjoyment of the suit schedule mentioned property.

6. The plaintiff is the brother of the 1^st defendant and the maternal uncle of the 2^nd defendant. The plaintiff pleaded that the suit property originally belonged to one Mohamed Ghouse. The said Mohamed Ghouse had gifted the suit property to the 1^st defendant by way of a registered document dated 15.07.1978. The 1^st defendant, thereafter, gifted the property to the plaintiff's vendor, who is none-else than the sister of the 2^nd defendant and the daughter of the 1^st defendant, one, Nabeeza Begum. The gift was executed when the said Nabeeza Begum was given in marriage to one Liyagath Ali.

7. The plaintiff adds that Nabeeza Begum sold the suit property to the plaintiff under a registered sale deed dated 29.10.1982, for a valuable consideration of Rs.25,000/-. The plaintiff added on account of the purchase made by the plaintiff of the suit property, the 1^st defendant became inimical towards him. He further added that one Mohamed Sheriff, his brother in law, filed two suits against the 1^st defendant in O.S.Nos.256 & 490 of 1984 on the file of the District Munsif Court, Chidarambaram, with respect to his property. For the purpose of prosecuting that case, the said Mohamed Sheriff had executed a power of attorney in favour of the plaintiff. This too, added fuel to the fire which had already been set purchase.

8. The plaintiff further submitted that taking advantage of the situation, the defendants attempted to cut and remove the casuarina and manila trees, which were standing over the 5^th item of