KRISHNAN Vs. NALLATHI

JUDGEMENT

(1.) This Second Appeal has been filed challenging the common judgment and decree passed by the lower appellate Court on 31/1/2006 in AS.Nos.14 and 15 of 2005 whereby the judgment and decree passed by the trial Court on 31/1/2005 in favour of the appellant in OS.No.786 of 1993 was reversed.

(2.) The appellants are the plaintiffs in the suit in OS.No.786 of 1993 on the file of the District Munsif, Gudiyatham. They sought for the relief of declaration and injunction in the said suit relying upon the Will dtd. 30/4/1970, which has been marked as Ex.B4 before the Trial Court. Even prior to the filing of the suit in OS.No.786 of 1993 the respondents have filed a suit in OS.No.652 of 1988 before the very same District Munsif Court seeking for a declaration and injunction claiming that they are the absolute owners of the suit schedule property based on a sale deed dtd. 21/7/1964 which has been marked as Ex.A1 before the trial Court.

(3.) Since, the issues involved in both the suits are common, the trial Court disposed of both the suits in OS.No.652 of 1998 and OS.No.786 of 1993 by a common judgment and decree dtd. 31/1/2005. By the common judgment and decree, the suit filed by the appellant in OS.No.786 of 1993 was decreed in their favour and the suit filed by the respondents in OS.No.652 of 1988 was dismissed. Aggrieved by the common judgment and decree dtd. 31/1/2005 passed in OS.Nos.652 of 1988 and 786 of 1993, two regular first appeals were filed in AS.Nos.14 and 15 of 2005 by the plaintiffs in OS.No.652 of 1998 before the Sub Court, Gudiyatham. By common judgment and decree dtd. 31/1/2006 in AS.No.14 of 2005 and AS.No.15 of 2005, the appeals filed by the plaintiffs in OS.No.652 of 1988 came to be allowed and the judgment and decree passed by the trial Court on 31/1/2005 in favour of the appellants who are the plaintiffs in OS.No.786 of 1993 was set aside by the lower appellate Court. Aggrieved by the judgment and decree dtd. 31/1/2006, passed in AS.No.15 of 2005, this Second Appeal has been filed.