P RAMAKRISHNA PILIAI Vs. PALANIAMMAL

JUDGEMENT

(1.) Second Appeal No.896 of 1996 is directed against the judgment and decree dated 25.4.1996 rendered in A.S.No.70 of 1993 by the Court of II Additional Subordinate Judge, Coimbatore thereby reversing the judgment and decree dated 16.3.1993 rendered in O.S.No.899 of 1983 by the Court of III Additional District Munsif, Coimbatore.

(2.) The other Second Appeal No.897 of 1996 is directed against the decree and judgment dated 25.4.1996 rendered in A.S No.83 of 1993 by the Court of II Additional Subordinate Judge, Coimbatore thereby confirming the judgment and decree dated 16.3.1993 rendered in O.S. No. 3080 of 1981 by the Court of III Additional District Munsif, Coimbatore.

(3.) Both the parties have filed the suits against each other. The appellant in both the above appeals had filed the suit in O.S No. 3080 of 1981 against the respondents for declaration and injunction, while the first respondent in the said suit/Palaniammal had filed the other suit in O.S. No. 898 of 1983 against the appellant herein for declaration, possession and for mesne profits. The suit property involved in both the suits are one and the same. The trial Court, having framed a number of issues in both the suits, had conducted a joint trial allowing parties to record their evidence in O.S. No. 3080 of 1981, wherein on the part of the plaintiff, he would examine himself as PW1 for oral evidence and would mark 44 documents as Exs. A1 to A44 and on the part of the defendants, who are the plaintiffs in the other suit in O.S.No.898 of 1983, they would examine five witnesses for oral evidence as DWs.1 to 5 and they would mark 47 documents for documentary evidence as Exs. B1 to B47, and besides these evidence, four documents would also be marked as court documents Exs.C1 to C4.