S VENKATESH BABU Vs. SWETHA

JUDGEMENT

(1.) The defendant in the original suit is the appellant in the second appeal. The appellant in the second appeal is none other than the father of the respondent Swetha. While the respondent was a minor, her maternal grandmother Ponnarasi filed the suit O.S.No.1385/2006 on behalf of Swetha against the appellant herein not to disturb the peaceful possession and enjoyment of the suit property. After trial, the trial court dismissed the suit without cost. As against the judgment and decree dated.07.06.2007 of the trial court dismissing O.S.No.1385/2006, the respondent herein/plaintiff herself filed an appeal in A.S.No.504/2007 on the file of the City Civil Court at Chennai, since by then she had attained majority. The said appeal came to be disposed of by a judgment and decree dated 12.02.2009 by the learned I Additional Judge, City Civil Court, Chennai. The learned I Additional Judge, City Civil Court, Chennai reversed the judgment of the trial court, set aside the decree passed by the trial court and decreed the suit as prayed for without passing any specific order regarding cost.

(2.) Aggrieved by and challenging the judgment and decree of the lower appellate judge dated 12.02.2009, the appellant herein/defendant has come forward with the present second appeal on various grounds set out in the memorandum of grounds of second appeal.

(3.) The second appeal was admitted on 12.08.2009 citing the following questions as the substantial questions of law involved in it:-