S V SUNDARAM Vs. T NAGARAJA NEDUVANDA

JUDGEMENT

(1.) THE above appeal has been filed by the appellant/plaintiff against the Judgment and Order of the learned Subordinate Judge, Mannargudi, in A.S.No.17 of 2006 dated 25.01.2007 remanding the suit to the trail court for fresh disposal by reversing the Judgment and Decree of the learned District Munsif Court, Mannargudi in O.S.No.41 of 2004, dated 26.04.2004.

(2.) THE short facts is necessary for disposing the appeal:- THE plaintiff had filed a suit against the defendants claiming a sum of Rs.50,000/-. THE plaintiff stated in his plaint that he is a respectable person and Law-abiding Citizen, Social Worker and a business man, holding various posts in social organisations as well as Income Tax assessee and as such he is closely moving with top political leaders and service oriented persons. He further stated that for the past 30 years, he has earned a good name after dedicating his life to social service and that he has a good reputation in the local area.

(3.) THE defendants had filed a written statement and resisted the suit, stating that the plaintiff was not engaged in paddy and rice business for the past 30 years, as claimed by him. Further, the defendants had not admitted that he is a good citizen of India even though he possessed 15 acres of land and owner of transport motor vehicles. THE defendants further stated that the plaintiff is a Trustee to the Lakshmi Amman Temple and has used this power for his personal gain. THE defendants further stated that the plaintiff was in touch with top political leaders and other V.I.P's and this had aided him to do wrongdoings. Further, the plaintiff is doing money-lending business and collecting higher rate of interest from the poor agriculturists. THE defendants further stated that the plaintiff had encroached upon third person's house and house-site and enjoying the same. Further, the plaintiff is causing a lot of hardship to the poor and village people. THE aggrieved persons made an appeal to the V.I.P's of the village.