RAMAIYA ASARI Vs. RAMAKRISHNA NAICKER ALIAS KOLLIMALAI NAICKER

JUDGEMENT

(1.) THE plaintiff in O.S.No.34 of 1984, who is the defendant in O.S.No.92 of 1984, both on the file of the Principal District Munsif, Karaikkal, is the appellant in both the second appeals.

(2.) HE filed O.S.No.34 of 1984 for declaration and for recovery of possession against the defendants therein alleging that the suit property had been illegally occupied by them. The defendants in the said suit are the respondents in S.A.No.1826 of 1989. The other suit O.S.No.92 of 1984 was filed by the second respondent in S.A.No.1326 of 1989 against the appellant herein for recovery of possession of the suit property. The subject matter of both the suits is the same.

(3.) THE learned District Munsif, Karaikkal, framed the necessary issues on the pleadings of the parties and held that Ramaiya Asari is the absolute owner of 7 ? kuzhies in the northern portion of Cadastre No.742/2, that he is entitled to recover possession of the same, and that Mr.Ramakrishna Naicker and Ambigapathy have committed trespass in the suit property. So holding, by a common judgment dated 29.1.1987, the learned District Munsif decreed O.S.No.34 of 1984 filed by Ramaiya Asari and dismissed the suit O.S.No.92 of 1984 filed by Ambigapathy.