DURAI KANNU NAIDU Vs. THIRUMALAI NAIDU

JUDGEMENT

(1.) THIS Second appeal is focussed by the original defendant animadverting upon the judgment and decree dated 04.09.2006 passed in A.S.No.402 of 2004 by the Additional District Judge, Chennai, Fast Track Court No.III, confirming the common judgment and decree of the II Assistant Judge of City Civil Court at Chennai in O.S.No.6028 of 2000. The parties are referred to hereunder according to their litigative status and ranking before the trial Court.

(2.) COMPENDIOUSLY and concisely, the relevant facts absolutely necessary and germane for the disposal of this Second Appeal would run thus: (a) The plaintiff who is the respondent herein filed the suit seeking the following reliefs:

(3.) THE Trial Court and Lower Appellate Court decree the suit for delivery of possession which is mentioned of 'B' Schedule property as decreed in 'B' schedule as mentioned in previous suit in O.S.No.1179/79. It is respectfully submits that the present suit 'B' Schedule property is entirely deferent property and in the previous 'B' Schedule property in O.S.No.1179/79. Since the 'B' and 'C' Schedule properties as mentioned in O.S.No.1179/79 was part and parcel of 'A' Schedule measuring north to south 96 feet and east to west 21 feet. (extracted as such) 5. However, my learned Predecessor framed the following one substantial question of law: "Whether the suit filed by the respondent/plaintiff for delivery of possession, without declaration, is maintainable in law."