SUSANNA MARY Vs. RATHINAMARY

JUDGEMENT

(1.) This Second Appeal has been filed by the appellants to set aside the judgment and decree dated 28.08.1998 made in A.S.No.91 of 1996, on the file of the learned II Additional District Judge, Tiruchirapalli, confirming the judgment and decree dated 12.02.1996, made in O.S.No.301 of 1995, on the file of the learned District Munsif, Lalgudi.

(2.) The respondents herein filed a suit against the appellants for redemption. After completion of the trial, the trial Court decreed the suit and directed the appellants herein to hand over the possession, after removing the superstructure put up by the husband of the first appellant therein at their own cost along with the original deed of EX.A.2 to the respondents and further decreed that the respondents herein will also be entitled to the mesne profits for the period from 14.07.1978, till the date of actual delivery of possession. The quantum of such mesne profits stands relegated to the formal enquiry under Order 20 Rule 12 C.P.C. Aggrieved over the above said judgment and decree passed by the learned District Munsif cum Judicial Magistrate, Lalgudi, the appellants herein filed an appeal in A.S.No.91 of 1996, before the learned District Judge, Tiruchirapalli. The learned II Additional District Judge after hearing the arguments and perusing the records and re-appreciating the entire oral and documentary evidence, dismissed the appeal filed by the appellants herein and confirming the judgment and decree passed by the trial Court. Against which, the present Second Appeal has been filed.

(3.) While admitting this Second Appeal, this Court has formulated the following substantial question of law for consideration: