MARUTHAMUTHU Vs. KALIAPERUMAL DIED

JUDGEMENT

(1.) THIS second appeal is focussed by the original plaintiff, animadverting upon the judgement and decree dated 11.11.2005 passed in A.S.No.15 of 2004 by the learned Subordinate Judge, Kallakurichi, in reversing the judgment and decree of the learned II (I/c) III Additional District Munsif, Kallakurich in O.S.No.595 of 2000. For convenience sake, the parties are referred to hereunder according to their litigative status and ranking before the trial Court.

(2.) THE epitome and the long and short of the relevant facts absolutely necessary and germane for the disposal of this Second Appeal would run thus: (i) THE plaintiff who happened to be the appellant herein filed the suit seeking injunction, so as to restrain the defendants from interfering with the suit property which happens to be an agricultural land. (ii) THE defendants filed the written statement and resisted the suit. (iii) Whereupon issues were framed. During trial, the plaintiff examined himself as P.W.1 on his side and Exs.A1 to A6 were marked. THE second defendant examined himself as D.W.1 on defendants' side and Exs.B1 and B2 were marked.

(3.) MY learned Predecessor formulated the following substantial questions of law: