R GANESAN Vs. POORANAM

JUDGEMENT

(1.) THE above second appeal filed by the defendant in the Original Suit is directed against the judgment and decree dated 16.12.1998 made in A.S.No.98 of 1998 by the Court of Subordinate Judge, Sivaganga thereby reversing the judgment and decree dated 5.1.1998 made in O.S.No.482 of 1992 by the Court of Additional District Munsif, Sivaganga.

(2.) TO trace the history of the case, it is the respondent herein, who has filed the suit in the trial Court in O.S.No.482 of 1992 thereby praying to grant the relief of declaration and permanent injunction restraining the defendant or his men from in any manner interfering with or disturbing her peaceful possession and enjoyment of the suit property. the suit property is a house site measuring 27" " 22".

(3.) AGGRIEVED, the plaintiff had preferred an appeal in the first Appellate Court, the Court of Subordinate Judge, Sivaganga on certain grounds and the said first Appellate Court having framed four points viz., " 1. Whether the appellant is entitled to the suit property. 2. Whether the appellant is entitled to get the relief of Permanent Injunction. 3. Whether the respondent is entitled to the suit property. and 4. What relief, the parties are entitled to. and having gone into the oral and documentary evidence, would ultimately allow the appeal in full, thereby holding that the appellant/plaintiff was entitled to the suit property and further entitled to get the relief of permanent injunction and that the respondent/defendant is not entitled to any relief thus setting aside the judgment and decree passed by the trial court.