VADIVEL Vs. MANICKAM

JUDGEMENT

(1.) These two second appeals have been filed as against the common judgment of the First Appellate Court in A.S. Nos.231 and 251 of 2000, respectively on the file of the II Additional District Court (PCR), Trichirappalli, dated 09.07.2001, modifying the Judgment and decree passed in O.S.Nos.284 of 1996 and 431 of 1997 dated 31.08.2000 on the file of the District Munsif Court, Manapparai.

(2.) Originally, two suits have been filed, O.S.No.284 of 1996 has been filed by the plaintiff as against the defendant for permanent injunction in respect of three items of the suit properties. The defendant in the said suit has filed a suit in O.S.No.431 of 1997 for declaration in respect of the same properties. After full fledged trial, the suit in O.S. No.284 of 1996 was dismissed, whereas, the suit in O.S.No.431 of 1997 was decreed, as against which, two first appeals were filed. The First Appellate Court disposed of both the appeals by a common judgment and partly allowed the appeal filed against the suit in O.S.No.284 of 1996 in respect of the suit items 1 to 3, except the house, which is in possession of the defendants. Similarly, the appeal filed against the suit in O.S.No.431 of 1997 was partly allowed and the relief of declaration granted by the Trial Court in respect of the suit items 2 and 3 is negatived by the First Appellate Court. As against the same, the plaintiff in O.S.No.431 of 1997 and the Defendant in O.S.No.284 of 1996 filed these two second appeals.

(3.) The Plaintiff's case in O.S.No.284 of 1996 in brief, is as follows: