IYYAKANNU Vs. SUBRAMANIAN

JUDGEMENT

(1.) The Appellants/Defendants have focused this instant Second Appeal adverting upon the Judgment and Decree dated 21.04.1998 in A.S.No.290 of 1996 passed by the Learned Civil Judge (Senior Division), Kallakurichi in affirming the Judgment and Decree dated 31.07.1995 in O.S.No.318 of 1990 passed by the Learned Additional District Munsif, Kallakurichi. The First Appellate Court, while passing the Judgment in A.S.No.290 of 1996 (A.S.No.231 of 1995 on the file of the Villupuram District) on 21.04.1998, has, inter alia opined that 'the Respondent/Plaintiff has improved the suit property and has been in enjoyment of the same and also based on Ex.A.1 Assignment Order, the suit property has remained as a separate property of the Respondent/Plaintiff. Further, it has also observed that the suit property has been in enjoyment of the Respondent/Plaintiff based on Ex.A.1 Assignment Order dated 10.04.1980 and the enjoyment has also been established as per Exs.A.2 to A.8. Moreover, it also held that Ex. A.1 Assignment Order, till date, has not been cancelled and observed that the reliefs granted by the trial Court in favour of the Respondent/Plaintiff are correct and affirmed the Judgment and Decree of the trial Court and thereby, dismissed the Appeal without costs.'

(2.) In the main suit, before the trial Court, 1 to 3 issues have been framed for adjudication. On behalf of the Respondent/Plaintiff, witness P.W.1 has been examined and Exs.A.1 to A. 10 have been marked. On the side of the Appellants/Defendants, witness D.W.1 has been examined and Exs.B.1 to B.6 have been marked.

(3.) The trial Court, upon a scrutiny and analysis of the oral and documentary evidence available on record, has categorically held that as per Ex.A.1 Assignment Order, the suit property is the separate property of the Respondent/Plaintiff and as per Exs.A.2 to A.8 it has been proved that the Respondent/ Plaintiff has been in enjoyment of the suit property independently and granted the relief of declaration in respect of the suit property and also the relief of permanent injunction restraining the Appellants/Defendants from in any way interfering with the enjoyment of the suit property by the Respondent/Plaintiff.