M CHANDRABABU Vs. R THANGARAJ AND ORS

JUDGEMENT

(1.) The plaintiff, who proved unsuccessful before the trial Court as well as the lower appellate Court, is the appellant in the second appeal. The defendants are the respondents. The suit was filed for declaration of title and mandatory injunction. The trial Court dismissed the suit and the lower appellate Court confirmed the decreed passed by the trial Court.

(2.) Notice before admission was issued to the respondents in the second appeal as the Court was of the view at the time of directing issuance of notice that the appeal could be disposed of either way at the time of admission itself. In case of disposal of the appeal at the time of admission, if the result is upsetting of the decree of the lower appellate Court, it shall be necessary to identify and formulate the substantial question (s) of law involved in the second appeal. That does not mean that in case of dismissal such questions need not be identified and formulated. Even after such formulation of the substantial question (s) of law based on which the parties would be allowed to put forth their arguments, the Court may decide the questions against the appellants which would result in the dismissal of the second appeal. Keeping in mind the above said principle, the appeal is to be considered.

(3.) The facts leading to the dispute are as follows: