THULASIMANI Vs. MUTHUSAMY GOUNDER

JUDGEMENT

(1.) THE Appellant/Defendant has projected the present Second Appeal anim adverting upon the Judgment and Decree dated 26.08.1999 in A.S.No.112 of 1995 passed by the Learned Principal District Judge, Erode in reversing the Judgment and Decree dated 26.04.1995 in O.S.No.1738 of 1993 passed by the Learned Additional District Munsif, Erode.

(2.) THE First Appellate Court, while passing the Judgment on 26.08.1999 in A.S.No.112 of 1995 filed by the Respondent/Plaintiff has observed that the Appellant/Defendant has not established that the Suit property belongs to him and also it is an admitted fact that the Respondent/Plaintiff before filing of the Suit, for the past 20 years has been residing with family at Thirupur in the suit property and that the Respondent/Plaintiff is in enjoyment of the suit property and viewed in that perspective, has granted the relief of permanent injunction in favour of the Respondent/Plaintiff and resultantly allowed the Appeal directing the parties to bear their own costs, thereby setting aside the Judgment and Decree of the trial Court passed in the main Suit.

(3.) AT the time of admission of the Second Appeal, the following Substantial Questions of Law have been framed for determination: