ANDAL Vs. AJJAI ALVA

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeals have been filed under Order 43 Rule 1(U) of CPC against the judgment and decrees dated 4.1.2006 and 26.12.2005 passed in A.S.Nos.14 and 28 of 2004 respectively by the learned Principal District Judge, Pondicherry.

(2.) DEFENDANT No.4, in original suit in O.S.No.364 of 2000 is the appellant in both the appeals. The 1st respondent is the plaintiff and the other respondents are defendants 1 to 3 in the suit. The original suit was filed by the 1st respondent for a decree to declare that the order dated 28.4.2000, passed by the 3rd defendant/4th respondent is non-est in law and to direct delivery of 'B' schedule property to the plaintiff.

(3.) THE 4th defendant had also approached the 3rd defendant, the Executive Engineer, electricity department, Pondicherry seeking electric connection. THErefore, the plaintiff's mother revoked the leave granted to the 4th defendant/trespasser and issued a legal notice dated 8.11.99 to the defendants 1 and 2. However, the 3rd defendant issued a letter dated 28.4.2000 stating that the 4th defendant is entitled for electricity connection and her request would be considered.