SUBRAMONIAN Vs. ANANDA NARAYANAN

JUDGEMENT

(1.) APPELLANTS are defendants 1 and 2 in O. S. 34/1968 of the Sub Court, palghat. The plaintiff (1st respondent therein) filed the suit for injunction and damages. The suit was dismissed on 30-11-1971. Plaintiff filed A. S. 32/1972 before the District Court Palghat and defendants filed cross objections. The appeal and the cross objections were dismissed on 6-9-1973. Plaintiff thereafter filed S. A. 1158/1974 before this court. A petition was filed before this court for leave to amend the plaint incorporating recovery of possession of the properties on the strength of plaintiff's title. That petition was allowed and consequently the second appeal was also allowed and the case was remanded to the trial court for fresh disposal. After remand, the learned Sub judge decreed the suit finding that plaintiff is entitled to recover the suit properties on the strength of his title. The claim of damages was disallowed. Aggrieved by the decree and judgment of the trial court, defendants 1 and 2 have preferred the above appeal.

(2.) PLAINTIFF has filed cross objections regarding disallowance of damages by the trial court.

(3.) THE 2nd defendant filed separate written statement adopting the contentions of the 1st defendant and claiming portions of the properties as a sub-lessee under the 1st defendant.