GOVINDAN ALIAS GOVINDASAMY MOOPANAR Vs. ANBAZHAGAN

JUDGEMENT

(1.) The Appellant/Plaintiff has filed this present Second Appeal before this Court as against the Judgment and Decree dated 11.01.1996 made in A.S.No.25 of 1992 on the file of the Learned Sub Judge, Ariyalur.

(2.) The Learned Sub Judge, Ariyalur in the Judgment in A.S.No.25 of 1992 dated 11.01.1996 has among other things observed that 'the Appellant/Plaintiff is not entitled to obtain a relief of specific performance in respect of the sixth item of the property' and upheld the decision of the trial Court in regard to the dismissal of the suit in respect of the sixth item, but in respect of the items 1 to 5 has observed that 'the trial Court ought to have dismissed the suit but the conclusion of the trial Court in decreeing the suit in respect of the items 1 to 5 of the suit property is the wrong one and dismissed the appeal.'

(3.) Further, the Learned Sub Judge, Ariyalur while dismissing the Appeal A.S.25/1992 (filed by the Plaintiff in respect of the sixth item of the plaint schedule property) has gone to the extent of setting aside the Judgment and Decree of the trial Court in respect of the items 1 to 5 of the suit properties.