MUTHURAMALINGAM Vs. PRIYA

JUDGEMENT

(1.) THIS Second Appeal is directed against the judgment and decree dated 17.1.1997 made in A.S.No.189 of 1996 by the Court of Principal District Judge, Sivaganga, thereby confirming the judgment and decree dated 17.10.1995 made in O.S.No.649 of 1989 by the Court of District Munsif, Manamadurai

(2.) THE deceased plaintiff, viz., Sethuraman has filed a suit before the trial court in O.S.No.649 of 1989 praying for a relief of declaration to the effect that he is entitled to be suit property and for permanent injunction restraining the defendants from in any manner interfering with his peaceful possession and enjoyment of the suit property and for costs.

(3.) BASED on these pleadings, the trial court would frame of five main issues and one additional issue for determination of the dispute in the suit pertaining to the prayers thereon, would conduct the trial, in which, on the part of the plaintiffs, two witnesses have been examined as P.Ws.1, 2 and 8 documents have been marked as Exs.A-1 to A-8. On the contrary, on the part of the defendants, 4 witnesses would be examined as D.Ws.1 to 4 and 8 documents have been marked as Exs.B-1 to B-8. The trial court, in consideration of these evidence placed on record in the context of the facts and circumstances of the case, would ultimately arrived at the conclusion to pass a decree declaring that the second plaintiff is entitled to items No.2, 3 and 5 of the suit properties and dismissing the same so far as it related to items No.1 and 4 are concerned and without costs.