M RANGANATHA PILLAI AND ORS Vs. ANANDAN

JUDGEMENT

(1.) The present second appeal has been filed by the plaintiff as against the judgment and decree passed by the Sub-Judge, Cheyyar, Thiruvannamalai District, in A.S.No.24 of 2005, dated 26.10.2005, reversing the judgment and decree passed by the Additional District Munsif, Cheyyar, in O.S.No.47 of 1998, dated 09.04.2003.

(2.) Brief facts leading to the filing of the second appeal are given as under:-

(3.) Since both the plaintiff and the defendant had filed respective suits for a common relief, learned trial Court, after considering the evidence produced by both sides, came to the conclusion by its common judgment and decree, dated 09.04.2003, that the plaintiff/appellant herein has established his case that 'B' schedule property, namely, a channel having 3 ft. breadth X 200 ft. length, is forming part of 'A' schedule property of the plaintiff and on that basis, decreed the suit in favour the plaintiff/appellant herein and for the reasons given therein, dismissed the suit filed by the defendant/respondent herein. Aggrieved by the same, two appeals were filed in A.S.Nos.24 and 12 of 2005 by the defendant. Learned first appellate Court, while allowing the appeal in A.S.No24 of 2005, dismissed the appeal filed in A.S.No.12 of 2005. Aggrieved by the same, the present second appeal has been filed by the plaintiff/appellant herein, as against the judgment and decree passed by the learned first appellate Court in A.S.No.24 of 2005, dated 26.10.2005, reversing the judgment and decree passed by the trial Court in O.S.No.47 of 1998, dated 09.04.2003. It is also to be borne in mind that the defendant/respondent herein, after dismissal of the suit in A.S.No.12 of 2005, failed to prefer any second appeal.