RAYAR NATARAJAN (DIED) Vs. SHANMUGA SUNDARAM

JUDGEMENT

(1.) This Second Appeal has been filed challenging the concurrent findings of the Courts below.

(2.) The first Appellant is the second defendant, the second Appellant is the mother of the first defendant and the third and fourth Appellants are the legal representatives of the deceased Natarajan who was the third defendant in the suit O.S.No.490 of 1992. The respondent/plaintiff filed a suit for declaration and injunction before the District Munsiff Court, Chidambaram in O.S.No.490 of 1992 seeking for declaration that he is the owner of the property bearing old S.No.100/2, New S.No.100/2B measuring 33 cents morefully described in the plaint schedule and he also sought for a consequential injunction against the defendants. The suit O.S.No.490 of 1992 was decreed in favour of the respondent/plaintiff by the District Munsiff Court, Chidambaram by its Judgement and Decree dated 30.06.1994. Aggrieved by the same, the defendants in the suit as well as the mother of the first defendant preferred an appeal before the Lower Appellate Court namely Subordinate Court, Chidambaram in A.S.No.29 of 1994. The Lower Appellate Court by its Judgment and Decree dated 01.10.1996 in A.S.No.29 of 1994 confirmed the findings of the Trial Court and dismissed the appeal. Aggrieved by the same, this second appeal has been filed by the second defendant and the the mother of the first defendant in the suit as well as by the legal representatives of the deceased third defendant in the suit.

(3.) This Second appeal was admitted by this Court on 18.03.1998 on the following substantial questions of law: