RANGANATHAN Vs. NATARAJAN

JUDGEMENT

(1.) THE 3rd defendant is the appellant herein. THE suit arising out of which is the present Second Appeal is filed for the relief of declaration and recovery of possession and for mesne profits in respect of the suit property numbering 17 items. THE suit is filed against the three defendants and the suit is seriously contested between the plaintiff and the 3rd defendant. THE trial court dismissed the suit and aggrieved against the same, the plaintiff preferred A.S.No.57 of 1996 and the appellate court reversed the judgment of the trial court and decreed the suit as prayed for. Hence the Second Appeal by the 3rd defendant before this court.

(2.) THE Second Appeal is admitted on the following Substantial Questions of Law : 1. Whether the lower Appellate Court is right in decreeing the suit on the basis of the will alleged to have been executed by Selliammal and when the same is shrouded with mystery and suspicion" 2. Whether the lower Appellate Court had not ignored the Revenue auction sale in respect of Item No.1 and Exs.B1 and B2, the sale in favour of Thoppili Ammal and Periasamy Moopar respectively and the possession of his predecessor"

(3.) THE plaintiff and the 3rd defendant have in support of their respective contentions, examined the plaintiff and his witnesses and 3rd defendant as PW1 to PW5 and DW1 and produced Ex.A1 to Ex.A12 and Ex.B1 to Ex.B8 documents on both sides.