ALAGAPPAN Vs. G THABOVANAM

JUDGEMENT

(1.) COMMON JUDGMENT These two second appeals have been preferred by the landlord/Trust inveighing the common judgement and decrees dated 23.02.2005 passed by the learned Additional Subordinate Judge, Salem in A.S.Nos.70 of 2004 and 58 of 2004 reversing the common judgment and decrees dated 07.06.2004 passed by the learned II Additional District Munsif, Salem in O.S.No.40 of 2000 and O.S.No.208 of 2001 respectively.

(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.) AFTER hearing both sides, I have thought fit to frame the following additional substantial question of law also as under: "2. Whether there is any perversity or illegality in the common judgement of the first appellate court and that too in view of the first appellate court having dealt with various facts, which are not backed by the pleadings""