B VIJAYA Vs. SUBBIAH REDDIAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree passed by the First Appellate Court in A.S.No.142 of 1986 in confirming the judgment and decree passed by the trial Court in O.S.No.956 of 1984 dated 21.10.1986, since the said appeal was remanded by this Court in the judgment made in Second Appeal.No.497 of 1988 dated 16.7.2001 after setting aside the judgment and decree passed by the then first appellate Court dated 14.9.1987, in allowing the appeal.

(2.) THE appellants herein were the legal representative of the deceased plaintiff S.Balu and the respondent was the defendant before the trial Court.

(3.) THE trial Court had framed necessary issues and entered trial. It had examined the plaintiff as P.W.1 and admitted Exs. A1 to A10, series of documents, produced by the plaintiff and Exs. B1 to B6 , the documentary evidence produced by the defendant, apart from the Commissioner's report in C1 and C3 and his sketches as C2 and C4. After appraising the evidence adduced on either side, the trial Court had dismissed the suit with costs. Aggrieved by the judgment and decree passed by the trial Judge, the plaintiff preferred an appeal in A.S.No.142 of 1986 and the First Appellate Court had set aside the said judgment and decree of the trial Court dated 21.10.1986 and allowed the appeal on 14.9.1987.