SAKKAMMA Vs. JAYALAKSHMI

JUDGEMENT

(1.) Challenging the judgment and decree passed by the Subordinate Judge, Nilgiris at Udhagamandalam in A.S.No.11 of 2014 dated 07.01.2016 confirming the judgment and decree passed by District Munsif, Udhagamandalam dated 03.02.2014 in O.S.No.231 of 2007, the defendants have filed the present Second Appeal, suggesting the following substantial questions of law:-

(2.) Learned counsel for the appellants/defendants submitted that they are not related to the respondents/plaintiffs and they are all strangers to the appellants and the first plaintiff is the wife of deceased Devarajan and the other plaintiffs are the legal representatives of deceased Devarajan, According to the appellants/defendants, the said Devarajan left the house at the age of 12 and his whereabouts were not known and therefore, he is presumed to be dead.

(3.) Learned counsel for the appellants further submitted that P.W.1 in her evidence has not at all deposed with regard to the original village of Devarjan i.e., Finger Post, Udhagamandalam and the marriage of the first respondent/first plaintiff with Devarajan has not been proved and the person "Devarajan", referred by the first plaintiff is entirely a different person. Learned counsel further submitted that though the appellants have elaborately made submissions on this aspect, it was not considered by both the Courts below in a proper perspective and due to reason of failure to consider both oral and documentary evidence in a proper perspective, the judgment of both the Courts below are vitiated and they are liable to be rejected on per se and therefore, the appellants pray for allowing the appeal.