PONNUSAMY Vs. KANDASAMY

JUDGEMENT

(1.) These appeals and cross objection were preferred challenging the common judgement of the learned Principal District Judge, Namakkal dtd. 14/12/2016 made in OS.No.74 of 2010 and OS.No.10 of 2011.

(2.) The trial in both the suits was conducted simultaneously and by the impugned common judgement, OS.No.74 of 2010 was partly decreed and OS.No.10 of 2011 was dismissed. Aggrieved over that, defendants 1 to 6 in OS.No.74 of 2010 filed AS.No.226 of 2017 and the plaintiff in OS.No.10 of 2011 filed AS.No.227 of 2017. The plaintiffs in OS.No.74 of 2010 filed the cross objection in CROS.OBJ.No.13 of 2020 in AS.No.226 of 2017. During the pendency of both the appeals, the 1st defendant in OS.No.74 of 2010, who was the plaintiff in OS.NO.10 of 2011, died. The 4th defendant in OS.No.74 of 2010 also died. Therefore, their legal representatives were brought on record as parties to the entire proceedings.

(3.) The avernments of the plaint in OS.No.74 of 2010 are, in brief, as hereunder: