4.The suit property is stated to be Mandaiveli land situated at Mottankurichi village to the east of the property purchased by the defendant in S.No.249/5. Now according to the plaintiffs, the suit property being the Mandaiveli land, it is used by the plaintiffs and the villagers for taking drinking water from the common well and motor, for transport and also used for the public purposes at festival times. Further, according to the plaintiffs inasmuch as the defendant without any authority attempted to put up a construction in the suit property, the same being the Mandaiveli land, the plaintiffs have been necessitated to lay the suit for permanent injunction. The defendant has disputed the case of the plaintiffs and contended that the plaintiffs cannot prevent the defendant from putting up the construction in his land and further according to the defendant, the suit filed by the plaintiffs in O.S.No.55 of 1995 as against the defendant come to be dismissed and therefore, according to the defendant without any cause of action, the suit has been laid by the plaintiffs. Further, according to the defendant, the suit property has not been properly described and if according to the plaintiffs, the suit property belongs to the Government, the Government should have been added as a party to the suit and hence the suit is bad for non joinder of the necessary parties.
