DORAISAMY PILLAI Vs. RENGSAMI PILLAI

JUDGEMENT

(1.) THE defendants in O.S.No.487 of 1987 on the file of the Additional District Munsif Court, Kallakurichi are the appellants in the Second Appeal.

(2.) THE respondents/plaintiffs filed the suit for declaration of their title and for injunction. THEre are three items of suit properties and it is admitted by the learned Senior Counsel for the appellants that there is no dispute regarding the Item Nos 1 and 2 of the suit properties and the dispute is only in respect of 3rd item of property namely Survey No.38/18 of an extent of 13 cents.

(3.) THE trial Court on the basis of the oral document and relying upon Ex.B7 Muchalika, decreed the suit in respect of Item Nos.1 and 2 and 6 = cents in respect of Item No.3 namely Survey No.38/18. Aggrieved by the same, the respondents/ plaintiffs filed the first appeal in A.S.No.388 of 1996 on the file of the Subordinate Court, Kallakurichi and the learned Subordinate Judge, Kallakurichi allowed the appeal and as against the same this Second Appeal is filed by the appellants.