KANNAN Vs. STATE

JUDGEMENT

(1.) The Appellant/Respondent/Plaintiff has filed this Second Appeal as against the Judgment and Decree dated 13.10.1999 in A.S.No.109 of 1997 on the file of Learned II Additional District and Sessions Judge-cum-Chief Judicial Magistrate, Krishnagiri.

(2.) The First Appellate Court viz., the Learned II Additional District and Sessions Judge-Chief Judicial Magistrate, Krishnagiri, in the Judgment in A.S.No.109 of 1997 dated 13.10.1999 has among other things observed that 'the Appellant/Plaintiff is not entitled to claim the relief of recovery of possession in respect of the suit property and further it is also held that the Appellant/Plaintiff is not entitled to claim a sum of Rs.20,000/- determined by the trial Court as compensation and consequently allowed the Appe thereby setting aside the Judgment and Decree of the trial Court passed in the main Suit O.S.No.46 of 1996 on its file.

(3.) Before the trial Court, on the side of the Appellant/Plaintiff, 1 to 9 issues were framed for trial. On the side of the Appellant/Plaintiff, witnesses PW1 to PW3 were examined and Ex.A.1 to Ex.A.13 were marked. On the side of the Respondents/Defendants witnesses DW1 to DW3 were examined and Ex.B.1 to Ex.B.8 were marked. Also, as Court Exhibits, the Commissioner's Reports and plans were marked as Ex.C.1 to Ex.C.4.