UDAYANASAMY THEVAR Vs. MOOTOR THEVAR

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 12.10.1998 made in A.S.No.22 of 1998 by the Court of Principal District Judge, Sivaganga, thereby confirming the judgment and decree dated 16.12.1997 made in O.S.No.15 of 1997 by the Court of Principal District Munsif, Sivaganga.

(2.) TO trace the history of the case, it is the respondent herein who has filed the suit in O.S.No.15 of 1997 on the file of the Court of District Munsif, Sivaganga, for declaration that the plaintiff is independently entitled to the suit property and for permanent injunction restraining the defendants from in any manner interfering with or trespassing into and disturbing the plaintiff's peaceful possession and enjoyment of the suit properties and for costs.

(3.) THE trial court having assessed the merit of the case based on the pleadings and in the light of the evidence placed on record, would ultimately arrive at the conclusion that the entire suit property is in possession and enjoyment of the plaintiff and that the claim of the first defendant that he is entitled to and in possession of 9 cents on the Western side of the suit property, is not proved and would decree the suit as prayed for.