SIDDHA GOUNDER Vs. PALANI GOUNDER

JUDGEMENT

(1.) THIS second appeal is focussed by the original plaintiff, animadverting upon the judgement and decree dated 29.10.2009 passed in A.S.No 12 of 2009 by the Sub Court, Dharmapuri, confirming the judgment and decree of the learned District Munsif-cum-Judicial Magistrate Court, Palacode in O.S.No.45 of 2005. The parties are referred to hereunder according to their litigative status and ranking before the trial Court.

(2.) BROADLY but briefly, narratively but precisely, the relevant facts absolutely necessary and germane for the disposal of this Second Appeal would run thus: (a) The plaintiff filed the suit for declaration and for permanent injunction in respect of the land measuring an extent of 83 cents in S.No.572/4 in Periyanahalli village, against the defendants on the main ground that the defendants are attempting to trespass into the plaintiff's property described in the schedule of the plaint. (b) The written statement was filed by the defendants resisting the suit. (c) Whereupon the trial Court framed the issues. (d) The plaintiff-Siddha Gounder examined himself as P.W.1 along with P.Ws.2 and 3 and Exs.A1 to A3 were marked. The first defendant-Palani Gounder examined himself as D.W.1 along with D.Ws.2 and 3 and Exs.B1 to B5 were marked. (e) Ultimately the trial Court dismissed the suit, as against which appeal was filed for nothing but to be dismissed by the appellate Court confirming the judgment and decree of the trial Court.

(3.) HEARD both sides.