SRINIVASAN Vs. MOHANA DIED

JUDGEMENT

(1.) THESE two appeals arise out of a common judgment in A.S.Nos.37 and 38 of 2000 on the file of the learned Subordinate Judge, Poonamallee and therefore, these two appeals were heard together and they are disposed of by means of this common judgment.

(2.) (i).S.A.No.1222 of 2004:- The suit in O.S.No.1784 of 1997 on the file of the learned District Munsif, Ambattur was filed by one Mrs.Ammakannammal against three defendants who are the appellants 1 and 2 and the second respondent herein. During the pendency of the suit, the sole plaintiff Mrs.Ammakannammal died, in whose place, Mrs.Mohana, the first respondent herein, was brought on record. It was a suit filed for declaration of title and for consequential relief of permanent injunction to restrain the defendants from in any manner interfering with the peaceful possession and enjoyment of the plaintiff. 2(ii).S.A.No.1913 of 2004:- The suit in O.S.No.1782 of 1997 was filed by the first respondent herein. The appellants herein are the defendants 1 and 2 and the second respondent is the third defendant in the said suit. The said suit was filed for declaration of title and for permanent injunction to restrain the defendants from in any manner interfering with the peaceful possession and enjoyment of the plaintiff.

(3.) HAVING considered the above, the trial Court decreed both the suits as prayed for. As against the decree in O.S.No.1784 of 1992, the defendants 1 and 2 filed an appeal in A.S.No.38 of 2000 on the file of the learned Subordinate Judge, Poonamallee. Similarly, as against the decree in O.S.No.1782 of 1992, the defendants 1 and 2 filed an appeal in A.S.No.37 of 2000 on the file of the learned Subordinate Judge, Poonamallee. Both the appeal suits namely A.S.Nos.37 and 38 of 2000 were heard by the learned Subordinate Judge, Poonamallee and by a common judgment dated 07.01.2003, the First Appellate Court dismissed both the appeals and confirmed the decrees and common judgment passed by the trial Court. As against the judgment and decree in A.S.No.38 of 2000, the defendants 1 and 2 have come up with S.A.NO.1222 of 2004 and as against the judgment and decree in A.S.No.37 of 2000, the defendants 1 and 2 have come up with S.A.NO.1913 of 2004. That is how these two second appeals are before me for disposal.