SAMINTHAN Vs. PONNAMMAL

JUDGEMENT

(1.) AS against the concurrent findings of the trial Court as well as the First Appellate Court, the fourth defendant in O.S.No.349 of 1999 on the file of the learned Principal District Munsif, Thiruvannamalai is before this Court with this second appeal. The respondents 1 and 2 are the plaintiffs and the respondents 3 to 5 are the defendants 1 to 3 in the suit. The said suit was filed for declaration of title and for consequential relief of injunction to restrain the defendants from interfering with the second plaintiff"s exclusive possession of the suit property and also for mandatory injunction to the defendants 1 to 3 to transfer the electricity Service Connection No.77 from the name of the fourth defendant to the name of the second plaintiff. The suit was decreed as prayed for and the same was confirmed by the First Appellate Court.

(2.) THE facts of the case as could be culled out from the plaint are as follows:-

(3.) BASED on the above pleadings, the trial Court framed appropriate issues and proceeded with the trial. On the side of the plaintiffs, they were examined as P.Ws.1 and 2 respectively and as many as seven documents were exhibited. On the side of the defendants, the fourth defendant alone was examined as D.W.1 and four documents were exhibited.