THANGAVEL UDAYAR DIED Vs. MARUTHAMUTHU DIED

JUDGEMENT

(1.) THE Appellant/First Respondent/Plaintiff has filed the instant Second Appeal as against the Judgment and Decree in A.S.No.229 of 1991 passed by the Learned Sub Judge, Ariyalur, in reversing the Judgment and Decree dated 06.11.1991 in O.S.No.352 of 1989 passed by the Learned District Munsif, Ariyalur.

(2.) THE First Appellate Court viz., the Learned Sub Judge, Ariyalur, while passing the Judgment in A.S.No.229 of 1991 on 04.10.1996 has inter alia observed that "the third Defendant has sold the property to the Defendants 1 and 2 as per Ex.B.3 and therefore, the Plaintiff has not proved his case and his right and that the suit property inclusive of 0.16 cents has come in the hands of the third Defendant as per the Will of Valliammai and from him, the Defendants 1 and 2 have purchased the property and that the said property has been in their enjoyment and viewed in that perspective, the trial Court should have dismissed the suit. However, by not doing the same, allowing the suit and passing the Judgment thereto is not a correct one. As such, the Judgment and Decree of the trial Court will have to be set aside and resultantly allowed the appeal by setting the Judgment and Decree of the trial Court in O.S.No.352 of 1989, on the file of the Learned District Munsif, Ariyalur." Further, the two Courts' costs have been directed to be paid by the Appellant/Plaintiff to the Appellants/Defendants 1 and 2 in the First Appeal.

(3.) THE First Appellate Court viz., the Learned Sub Judge, Ariyalur, since allowed the Appeal filed by the Defendants 1 and 2, now before this Court, the Appellant/Plaintiff has filed the present Second Appeal as an aggrieved person.