TIRUVENGADAMPILLAI Vs. JAYARAMANPILLAI

JUDGEMENT

(1.) THE Second Appeal is filed by the first defendant and the legal heirs of the deceased second defendant, against the judgment and decree dated 25.1.2002 in A.S.No.3 of 1999 on the file of the Sub-Court, Cheyyar, modifying the judgment and decree dated 9.7.1993 in O.S.No.110 of 1981 on the file of the District Munsif Court, Cheyyar.

(2.) THE averments in the plaint are as follows:

(3.) THE trial Court, after considering the averments both in the plaint and in the written statement, framed 19 issues and considering the oral evidence of P.Ws.1 to 4, D.Ws.1 and 2 and Exs.A-1 to A-7, granted decree in respect of half share in the Well situated in 'A' schedule property. In other respects, the suit was dismissed. Against that, the plaintiff preferred appeal. THE first appellate Court, after hearing the arguments of both counsel, framed two points for determination and while confirming the judgment and decree of the trial Court in respect of the declaration in respect of half share of the plaintiff in the suit Well, also declared 1/2 share of the plaintiff in respect of the motor pump-set and granted relief for installation of new motor pump-set and also awarded damages of Rs.6,000/- for the loss of crops sustained and in other respects, the suit was dismissed by the first appellate Court. Against that, the first defendant and the legal heirs of the deceased second defendant have preferred this Second Appeal.