BALAMMAL Vs. MURUGAN

JUDGEMENT

(1.) The Appellant/Plaintiff has filed the present Second Appeal as against the Judgment and Decree dated 29.11.2006 in A.S.No.43 of 2006 passed by the Learned Principal District Judge, Tirunelveli in affirming the Judgment and Decree dated 08.12.2005 in O.S.No.154 of 2004 passed by the Learned I Additional Subordinate Judge, Tirunelveli.

(2.) The First Appellate Court viz., the Learned Principal District Judge, Tirunelveli while passing the Judgment in A.S.No.43 of 2006 on 29.11.2006, has among other things observed that 'Ex.A.1 unregistered mortgage deed dated 07.10.2002 is not a true document and on that basis, the Appellant/Plaintiff is not entitled to claim the reliefs as prayed for in the plaint and the said decision of the trial Court is an acceptable one and resultantly held that there is no reason to interfere with the Judgment of the trial Court and consequently upheld the Judgment and Decree passed by the trial Court as a lawful one. Finally, the Appeal has been dismissed without costs.

(3.) Earlier, before the trial Court in the main suit 1 to 4 issues have been framed for determination, at the time of trial of the case. On the side of the Appellant/Plaintiff, witnesses P.W.1 to P.W.3 have been examined and Ex.A.1 to A.6 have been marked. On the side of the Respondent/Defendant, witness D.W.1 has been examined and no exhibits were marked.