(1.) The Appellant/First defendant has projected the Second Appeal before this Court as against the Judgment and decree dated 12.07.1996 made in A.S. No. 29 of 1995 on the file of the Learned II Additional District Judge, Coimbatore.
(2.) The First Appellate Court viz., the Learned II Additional District Judge, Coimbatore dated 12.07.1996 has among other things observed that 'Ex.A.3 Sale Deed dated 31.05.1961 has cogently traced the history of the title which had devolved upon Narayanan Chettiar even during the life time of Karian Chettiar and further opined that DW1 has admitted that he was permitted to occupy the suit property just because his property is situated opposite to the suit property etc., and has come resultant conclusion that the trial Court Judgment and Decree made in O.S. No. 92 of 1990, dated 12.07.1994 do not warrant any interference and dismissed the Appeal with costs.
(3.) Before the trial Court, three issues have been framed for determination in the case. On behalf of the Respondents/Plaintiffs witnesses PW1 to PW3 have been examined and Ex.A.1 to Ex.A.5 have been marked. On the side of the Defendants, DW1 has been examined and Ex.B.1 to Ex.B.4 have been marked.