VEERASEKARAN Vs. DEVARASU

JUDGEMENT

(1.) THE unsuccessful defendants in both the courts below are the appellants.THE Second Appeal is directed against the judgment and decree dated 29.08.1997 passed by the learned Principal District Judge, Villupuram, in A.S.No.44 of 1996, whereby the judgment and decree passed by the learned Principal District Munsif, Villupuram, dated 31.01.1995 in O.S.No.786 of 1990, were confirmed.

(2.) THE 1st respondent herein is the sole plaintiff, who filed the suit against the appellants herein for declaration and permanent injunction in respect of 'A' schedule properties and also declaration and recovery of possession in respect of 'B' schedule properties with future mesne profits. For convenience, the parties are hereinafter described as per their array in the suit.

(3.) ON the said pleadings, the trial court framed necessary issues and on the side of the plaintiff, he examined himself as P.W.1 besides examining three witnesses as P.Ws.2 to 4 and marked 34 documents as Exs.A-1 to A-34 and on the side of the defendants, they examined themselves as D.Ws.1 and 2 besides examining three other witnesses as D.Ws.3 to 5 and marked 30 documents as Exs.B-1 to B-30. The trial court, after considering the entire evidence on record, both oral and documentary, had decreed the suit in respect of A and 'B' schedule properties and directed the plaintiff to take separate proceedings with regard to future mesne profits. Challenging the said finding, the defendants filed A.S.No.44 of 1996 on the file of Principal District Court, Villupuram, wherein Exs.B-31 to B-38 were marked on the side of the defendants and ultimately, the appeal was dismissed by confirming the judgment and decree of the trial court. Being aggrieved, the defendants filed the present second appeal. Pending second appeal, the 2nd defendant/ 2nd appellant died and his son is brought on record as the legal heir of the deceased 2nd defendant as the 2nd respondent.