KANNAI AMMAL Vs. MYTHILI SURESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree passed by the First Appellate Court in A.S.No.129 of 1998 dated 31.08.2004 in confirming the findings of the lower Court regarding declaration of title to the suit property in favour of the plaintiff and in allowing the cross-appeal filed by the plaintiff and thereby reversing the finding of the trial court regarding dismissal of the recovery of possession and for mesne profits in the suit filed in O.S.No.1079 of 1995 by the trial court on 04.09.1998.

(2.) THE appellants herein are the appellants before the first appellate Court who are the legal representatives of the deceased first appellant and defendant before the trial court and the respondent is the plaintiff before the trial court and respondent/cross appellant before the 1st appellate court.

(3.) THE trial court had framed necessary issues and entered trial. After appraising the evidence adduced on either side, the trial court had decreed the suit regarding declaratory relief and dismissed the suit filed by the plaintiff in respect of recovery of possession without costs.