M D MUTHU Vs. GOVINDAN ALIAS GOVINDASAMY

JUDGEMENT

(1.) THIS second appeal is focussed by the plaintiff, animadverting upon the judgement and decree dated 16.11.2005 passed by the Additional Subordinate Judge, Tindivanam, in A.S. No. 101 of 2004 reversing the judgement and decree dated 16.6.2004 passed by the Principal District Munsif, Tindivanam, in O.S. No. 14 of 2001, which was filed for declaration and permanent injunction.

(2.) FOR the sake of convenience, the parties are referred to here under according to their litigative status and ranking before the trial Court.

(3.) WHILE admitting the second appeal my learned predecessor framed the following substantial question of law: "Whether or not the lower appellate Court's findings regarding the title of the defendant is perverse in the absence of examination of Vasu Naidu and illegality of Exhibit P-9 sale deed which is in violation of conditions of assignment?