MANICKAM MOOPAN Vs. LAKSHMI

JUDGEMENT

(1.) Since Second Appeals Nos.912 and 913 of 2006 arise out of a common judgment rendered by the first appellate Court and the parties are same and the evidence and question of law involved are same, they are heard together and are being disposed of by this common judgment.

(2.) Admittedly, the defendant is a cultivating tenant under the plaintiffs with respect to certain lands situate in Melapandamangalam in Tiruchira-ppalli District. Plaintiff filed the suit in O.S.No.37 of 2003 in the Court of the District Munsif, Tiruchirappalli for recovery of Rs.19,125/- towards arrears of rent. It was hotly contested by the defendant. Ultimately, the trial Court decreed the suit for Rs.11,061/- only together with 6% future interest. Aggrieved, the defendant filed A.S.No.200 of 2004, while the plaintiff filed Cross Appeal as against the disallowed portion of the suit claim. The first appellate Court modified the trial court's decree by decreeing the suit for Rs.17,025/- with 6% future interest, thus, it allowed the plaintiff's cross- appeal. Now, as against modifying the trial court's decree, the defendant filed Second Appeal (MD) No.912 of 2006 and as against allowing the Cross appeal, he filed Second Appeal (MD) No.913 of 2006.

(3.) Mr.S.Muthukrishnan, learned counsel for the respondent referring to Section 102 C.P.C. submitted that the appeals are not maintainable in this Court.