RANGARAJU Vs. KANNAYAL

JUDGEMENT

(1.) THE Appellant/Plaintiff has projected this instant Second Appeal as against the Judgment and Decree dated 19.11.1998 in A.S.No.40 of 1998 passed by the Learned Sub Judge, Bhavani in reversing the Judgment and Decree dated 24.09.1997 in O.S.No.573 of 1991 passed by the learned Principal District Munsif, Bhavani.

(2.) THE First Appellate Court, viz., Learned Sub Judge, Bhavani, while passing the judgment in A.S.No.40 of 1998 on 19.11.1998, has among other things observed that the "Plaintiff (Appellant) has not been residing in the suit property as spoken to by P.W.2 in his evidence in cross-examination" and has resultantly come to the conclusion that Ex.A1-Rent Deed has been created for the purpose of the case and accordingly allowed the appeal, thereby setting aside the Judgment and Decree in O.S.No.573 of 1991, dated 24.09.1997 passed by the trial Court.

(3.) THE Appellant/Plaintiff, as an aggrieved person on account of being dissatisfied with the Judgment and Decree passed in A.S.No.40 of 1998 on 19.11.1998, has preferred the Second Appeal before this court.