R KAMBAN Vs. S FAWSAL HIDAYA

JUDGEMENT

(1.) This Second Appeal has been preferred challenging the Judgment and Decree, dated 07.03.2011 made in A. S. No. 389 of 2009 on the file of the VII Additional Judge, City Civil Court, Chennai, reversing the Judgment and Decree, dated 28.01.2009 made in O. S. No. 6897 of 2006 on the file of the XV Assistant Judge, City Civil Court, Chennai.

(2.) It is seen that the aforesaid suit was filed by the respondent herein, seeking delivery of possession of property, damages for use and occupation and other consequential relief. After the trial, the suit was dismissed by the trial court. Aggrieved by which, the respondent herein preferred appeal in A. S. No. 389 of 2009. The appellate court, considering the evidence available on record and the arguments advanced by both the learned counsel, allowed the appeal, whereby reversed the Judgment and Decree passed by the trial court and decreed the suit as prayed for with costs. This Second Appeal has been preferred against the said Judgment and Decree passed by the appellate court.

(3.) In the second appeal, the following alleged substantial questions of law have been raised: