MURUGESA MUDALIAR Vs. RAMU MUDALIAR

JUDGEMENT

(1.) The First Appellant/First Defendant (during his life time and later Deceased) and the Second Appellant/Second Defendant have projected this Second Appeal before this Court as against the Judgment and Decree dated 25.03.1996 in A.S.No.179 of 1994 on the file of the Learned Principal District Judge, Villupuram.

(2.) The First Appellate Court viz., the Learned Principal District Judge, Villupuram in the Judgment in A.S.No.179 of 1994 dated 25.03.1996 has among other things observed that 'the suit properties have not been made mention off in Ex.B2 Settlement Deed dated 07.05.1975 and also that the Defendants have not established that they have been in enjoyment of the suit properties and instead, the First Respondent/Plaintiff has established through documents that he has a right over the suit properties and also, he has filed Receipts to prove that he has been in continuous enjoyment of the suit properties and resultantly, held that the First Respondent/Plaintiff is entitled to get the relief of Declaration and the consequent permanent injunction and allowed the Appeal with costs by setting aside the Judgment and Decree of the trial Court made in O.S.No.265 of 1986.'

(3.) The trial Court has framed in all six issues for determination. Before the trial Court, on behalf of the Plaintiff, Witnesses P.Ws.1 and 2 have been examined and Exs.A1 to A21 have been marked. On the side of the Defendants, D.Ws.1 and 2 have been examined and Exs.B1 to B3 have been marked.