THAMILARASI Vs. SELVAM

JUDGEMENT

(1.) This second appeal raises an important substantial question of law as to whether an appeal would lie against a mere finding at the instance of the party who had succeeded in the suit or not?

(2.) The facts of the case would be as follows:- The plaintiff filed the suit in O.S.No.113 of 1990 on the file of the learned District Munsif, Mannargudi for permanent injunction to restrain the defendant from in any manner interfering with her alleged enjoyment and possession of the suit property comprised in S.No.2413/1 measuring 950 square feet out of the total extent of 2300 square feet at Mannargudi. The claim for title was made by the plaintiff on the basis of the settlement deed dated 27.05.1986 said to have been executed by her father. It was the case of the plaintiff that her father Thirugnanam Pillai was the original owner of the suit property and after his demise on account of the said settlement deed , she has become absolute owner and she has been in possession and enjoyment of the same.

(3.) In the written statement filed by the defendant, it was contended that Thirugnanam Pillai had no title and the alleged settlement deed dated 27.05.1986 is void in law and the same has not conveyed either title or possession in favour of the plaintiff. It was further contended that the defendant was all along in possession of the property as its absolute owner and so the suit is liable to be dismissed.