R. GOPALAKRISHNAN Vs. ANNAMALAI

JUDGEMENT

(1.) The plaintiff is the appellant herein.

(2.) The plaintiff filed O.S.No.9 of 1999 before the District Munsif Court, Pattukottai for the relief of declaration that suit 'A' schedule property belongs to the plaintiff and defendants 3 to 6 and for recovery of possession from the first defendant. The plaintiff also prayed for a declaration that the plaintiff and defendants 3 to 6 are the owners of the 'B' schedule property and sought injunction as against the defendants 1, 2 and 7 from interfering with peaceful possession and enjoyment of the suit 'B' schedule property.

(3.) The trial court dismissed the suit with regard to 'A' schedule property and granted a decree for 'B' schedule property as prayed for. The plaintiff filed an appeal for the disallowed portion namely the prayer for declaration of title and recovery of possession for 'A' schedule property. No first appeal was filed by the defendants challenging the decree granted in favour of the plaintiff for 'B' schedule property. The First Appellate Court dismissed the appeal filed by theplaintiff confirming the judgment and decree of the trial Court over 'A' schedule property. As against the same, the plaintiff has filed the present second appeal.