KANDASAMY Vs. ARULMIGHU SATHYAVAGEESWARAR GOMATHIAMMAL TEMPLE

JUDGEMENT

(1.) THE appeal preferred against the judgment and decree dated 13.8.2004 made in A.S. No. 200 of 2003 on the file of the Principal District Court, Tirunelveii, confirming the judgment and decree in O.S. No. 618 of 1996 dated 5.8.2003 on the file of the District Munsif Court, Nanguneri. THE plaintiff is the appellant.

(2.) THE suit in O.S. No. 618 of 1996 was filed for a declaration and injunction.

(3.) ON the above averments, the learned District Munsif, Nanguneri, analysed the oral and documentary evidences and framed triable issues and found that the plaintiff has not proved his title and found that in O.S. No. 310 of 1944 the plaintiffs mother's title was not proved by the plaintiff and thereby dismissed the suit. Aggrieved by which, the plaintiff has preferred the appeal in A.S. No. 200 of 2003 and also filed an application to receive additional documents under Order 41 Rule 27 and 28 of C.P.C. The learned District Judge, Tirunelveii found that the plaintiff has neither proved his title or his predecessor's title and therefore, dismissed the appeal and also the application to receive the additional documents. Aggrieved by the said judgment and decree of the lower appelicte Court, the plaintiff has preferred the present appeal. Pending the appeal, the appellant died and the legal representatives are brought on record. The main ground taken in the second appeal is that if the documents filed by the plaintiff in the appellate Court received in evidence, it will clearly show that the suit property was in possession of the plaintiff's sister's husband.