KALIAPPAN Vs. A K SOMASUNDARAM

JUDGEMENT

(1.) THE Appellants/Defendants 1 to 3 have preferred the instant Second Appeal as against the Judgment and Decree dated 08.11.1996 in A.S.No.124 of 1995 passed by the Learned Subordinate Judge, Gobichettipalayam, in confirming the Judgment and Decree dated 25.11.1993 in O.S.No.155 of 1992 passed by the Learned District Munsif, Gobichettipalayam.

(2.) DURING the pendency of the Second Appeal, the 1st Appellant/1st Defendant expired on 29.06.2001. Upon his death, the Appellants 4 and 5 have been brought on record as Legal Representatives of the deceased 1st Appellant.

(3.) THE First Appellate Court viz., the Learned Subordinate Judge, Gobichettipalayam, while passing the Judgment in A.S.No.124 of 1995 [filed by the Defendants as Appellants] on 08.11.1996, has, inter alia, opined that 'based on Exs.A.7 to A.9, the Appellants/Defendants appears to have no manner of legal right in the suit properties. But as per the aforesaid documents, they can enjoy the suit property till the life-time of Pavakkal and further that the Respondents/Plaintiffs based on Ex.A.1 have right in the suit properties and they can also get the suit properties legally only after their mother Pavakkal's death and consequently, confirmed the Judgment and Decree of the trial Court passed in the main Suit, by holding that the Judgment and Decree of the trial Court do not suffer from any defects and dismissed the Appeal with costs.'