ETHIRAJULU NAIDU Vs. YASODAMMAL

JUDGEMENT

(1.) The Deceased Second Plaintiff/Appellant has filed the present Second Appeal before this Court as against the Judgment and Decree dated 31.03.1995 in A.S. No. 59 of 1987 passed by the Learned Subordinate Judge, Tiruvallur.

(2.) Pending Second Appeal, the Second Plaintiff died and his Legal Representatives have been arrayed as Appellants 2 to 10 in the Second Appeal.

(3.) The First Appellate Court viz., the Subordinate Judge, Tiruvallur in the Judgment in A.S. No. 59 of 1987 dated 31.03.1995 has among other things observed that 'the Plaintiffs are neither entitled to the suit properties nor in possession of the same. On the other hand, the Defendant is found to be entitled to the suit properties as well as possession. Since the Lower Court has also come to the conclusion that the Plaintiffs have not established their right over the property as well as possession, the Judgment and Decree passed by the Lower Court need not to be interfered' and resultantly, dismissed the appeal with costs.