KALYANI Vs. C. PADMANABHAN

JUDGEMENT

(1.) This second appeal has been filed challenging the reversal findings of the lower appellate court by its judgment and decree dated 04.04.2007 passed in A.S.No.71 of 2006 reversing the findings of the trial court in its judgment and decree dated 08.08.2006 passed in O.S.No.209 of 2004.

(2.) The Appellant is the third defendant in the suit O.S.No.209 of 2004 on the file of the District Munsif Court, Tirupattur. Originally the suit O.S.No.126 of 1998 was filed by the respondent/plaintiff before the Sub Court, Tirupattur seeking for the following reliefs: (a) to declare the right, title and interest of the plaintiff in the suit schedule property and (b) to direct the defendants to deliver the possession of the suit schedule property to the respondent/plaintiff. Thereafter the said suit O.S.No.126 of 1998 on the file of Sub Court, Tirupattur was transferred to the file of District Munsif Court, Tirupattur and the same was renumbered as O.S.No.209 of 2004.

(3.) For the sake of convenience, in the forthcoming paragraphs, the parties are described as per their litigative status in the suit.