THENNAVAN Vs. MARIKANNU

JUDGEMENT

(1.) THE Appellant/Plaintiff has filed the present Second Appeal as against the Judgment and Decree dated 07.07.1999 in A.S.No.76 of 1998 passed by the Learned Principal Sub Judge, Nagapattinam in reversing the Judgment and Decree dated 28.08.1997 in O.S.No.194 of 1996 passed by the Learned District Munsif, Nannilam.

(2.) THE First Appellate Court viz., the Principal Sub Court, Nagapattinam, while passing the Judgment in A.S.No.76 of 1998 (filed by the Respondent/Defendant) dated 07.07.1999 has among other things observed that the Appellant/Plaintiff is not entitled to get the relief of injunction on the ground that in earlier suit in O.S.No.38 of 91, it has been found that the Appellant/Plaintiff is in possession of the property and therefore, the finding rendered that he is entitled to get the relief of permanent injunction is not a correct one and therefore, set aside the said finding by allowing the Appeal without costs and consequently, dismissed O.S.No.194 of 1996.

(3.) THE Contentions, Discussions and Findings on Substantial Question of Law Nos. 1 and 2:- THE Learned Counsel for the Appellant/Plaintiff submits that the First Appellate Court has committed an error in not taking into account that the earlier suit in O.S.No.38 of 91 on the file of the District Munsif Court, Nannilam filed by the Respondent/Defendant against the Appellant/Plaintiff and in the said suit, it is clearly held that the Respondent/Defendant is not in possession of the suit property and that the Appellant/Plaintiff has found to be in possession of the suit property and as against the said Judgment and Decree in O.S.No.38 of 91, the Respondent/Defendant has not preferred any Appeal and the said Judgment has become final between the parties.