JUDGMENT

Challenge is to the concurrent judgments made in A.S.No.18 of 2019 on the file of the Sub-Court, Periyakulam, dated 21.09.2021 and in O.S.No.75 of 2013 on the file of the District Munsif Court, Periyakulam, dated 26.08.2019.

2. The respondent/plaintiff filed the suit in O.S.No.75 of 2013 seeking the following reliefs:

(a) Relief of permanent injunction restraining the defendants from interfering with the plaintiff's enjoyment of common passage described in “F” Schedule Property of the plaintiffs and defendants 1 to 3.

(b) Relief of permanent Injunction restraining the defendants from indulging in any activity by raising the common passage;

(c) Mandatory injunction to remove the materials laid in “F” Schedule common passage to an extent of fifteen feet west-south and 4 ½ feet east-west; and for costs.

3. The case of the plaintiff in brief is that, (i)A-Schedule Property in T.S.No.2600 belonged to late.S.A.Ahamed. He had executed a settlement deed in respect of this property in favour of his son Thiru.Aziz Rahuman. Plaintiff's father was a tenant in the middle portion of this property for more than sixty years. Aziz Rahuman attempted to evict the plaintiff from this property. Ther