KAMALAM THANGATHAI Vs. VELAMMAL

JUDGEMENT

(1.) Kamalam Thangathai, the plaintiff in O.S.No.588 of 1996 is the appellant in this second appeal. During the pendency of this appeal, she passed away and her legal heirs have come on record. O.S.No. 588 of 1996 was filed before the I Additional District Munsif Court, Tiruenlveli, seeking the relief of declaration, recovery of possession and mesne profits. The Trial Court vide judgment and decree dtd. 8/8/1998 decreed the suit insofar as the first two reliefs are concerned, mesne profits were however denied. Aggrieved by the same, the defendants filed A.S.No.78 of 1998 before the Principal Sub Curt, Tirunelveli. By judgment and decree dtd. 20/9/2000, the appeal was allowed and the judgment of the Trial Court was reversed. Questioning the same, this second appeal has been filed.

(2.) The second appeal was admitted on the following substantial questions of law:-

(3.) Heard the learned counsel on either side.