AYYAVU ASARI Vs. SUBBU ASARI

JUDGEMENT

(1.) THE Appellants/Defendants 1, 3, 4, 6 and 7 have projected the Second Appeal before this Court as against the Judgment and Decree dated 06.02.1995 in A.S.No.108 of 1992 passed by the Learned Subordinate Judge, Tiruvallur.

(2.) BEFORE the trial Court, in the main suit, on the side of the 1st Respondent/Plaintiff (later deceased), witnesses P.W.1 and P.W.2 have been examined and Exs.A.1 to A.13 have been marked. On the side of the Appellants/Defendants 1, 3, 4, 6 and 7 and the 2nd Respondent/ 5th Defendant, witnesses D.W.1 and D.W.2 have been examined and Ex.B.1 has been marked.

(3.) THE First Appellate Court viz., the Learned Subordinate Judge, Tiruvallur, while passing the Judgment in A.S.No.108 of 1992 dated 06.02.1995, has resultantly allowed the Appeal (leaving the parties to bear their own costs) in granting a decree in favour of the 1st Respondent/Plaintiff (later deceased) declaring his title in respect of item 4 of the suit property. Also, it granted the relief of permanent injunction in favour of the 1st Respondent/Plaintiff against the Defendants and also passed a preliminary decree for partition and separate possession of the 1st Respondent/Plaintiff's share in respect of item 5 of the suit property and in respect of the 1st Respondent/1st Plaintiff's 1/4th share of item 1 of the suit property, besides granting a Decree for mesne profits in respect of item 1 of the suit property alone from the date of the suit etc. Further, the 1st Respondent/Plaintiff has been given the liberty to apply to the Court for appointment of a Commissioner for effecting division of his 1/4th share in item 1 and 5 and further to ascertain the mesne profits in respect of item 1.