BALAMMAL Vs. MRS MUTHIYAR BEGUM

JUDGEMENT

(1.) THIS second appeal is filed by the defendants, inveighing the judgment and decree dated 10.10.2006 passed by the Subordinate Judge, Ranipet, Vellore District, in A.S.No.99 of 2005 confirming the judgment and decree dated 22.6.2005 passed by the District Munsif, Sholinghur, in O.S.No.270 of 2004, which was filed for delivery of possession and for mandatory injunction.

(2.) THE parties, for the sake of convenience, are referred to here under according to their litigative status and ranking before the trial Court.

(3.) WHILE admitting the second appeal, my learned predecessor framed the following substantial questions of law: "1. Whether the judgment and decree in O.S.No.164 of 1998 dated 15.2.2004 acts as Res judicata for the present suit/ 2. Whether the Courts below miserably failed rendering a finding for the notice marked as Ex.A-10 dated 31.3.2004, in regard to the mandatory requirement of the period of 6 months as contemplated under Section 106 of the Transfer of Property Act" (3) Whether the interpretation of the Court below about Sections 111 and 116 of the Transfer of Property Act is sustainable in law"