NAGARAJ Vs. KANNIAH KONAR

JUDGEMENT

(1.) THE plaintiff in the suit in O.S.No.96 of 1993 has preferred the above second appeal against the judgment and decree dated 11.8.1998 made in A.S.No.69 of 1997 by the Court of Subordinate Judge, Sivaganga thereby confirming the judgment and decree dated 14.7.1996 made in O.S.No.96 of 1993 by the Court of District Munsif, Manamadurai.

(2.) ON a perusal of the materials placed on record and upon hearing the learned counsel for both what comes to be known is that the appellant had filed the suit in O.S.No.96 of 1993 praying to declare his title to the suit property and to restrain the defendant and his men by means of permanent injunction from in any manner interfering with his peaceful possession and enjoyment of the suit property and for costs on averments that he sent a lawyer's notice dated 21.7.1989 requiring the defendant to vacate the suit property and since the defendant neither issued any reply to the said notice nor vacated the suit property, the plaintiff filed a suit in O.S.No.395 of 1989 praying for delivery of possession of the suit properties from the defendant, in which one Nachiar, who received the notice, appeared and filed an answer to the effect that the suit property was belonging to the defendant and that she was the tenant of the same and that yet another Sivagami who was also issued with the same notice sent a reply dated 31.7.1989 to the effect that the place wherein she lived belonged to the defendant and as a tenant under the defendant, she was residing there.

(3.) AGGRIEVED, the plaintiff preferred an appeal in A.S.No.69 of 1997 before the Court of Subordinate Judge, Sivaganga and the said court having framed two points for determination viz.,