S.P.NAGARAJAN Vs. G.D.PERUMALRAJ

JUDGEMENT

(1.) The above Second Appeal arises against the Judgement and Decree in A.S.No.25 of 2012 on the file of the Sub Court, Sathyamangalam, in and by which the learned Judge has reversed the Judgement and Decree passed by the learned District Munsif, Sathyamangalam in O.S.No.149 of 2004. The plaintiff in the said suit is the appellant herein. The brief facts that has preeceded the filing of the above Second Appeal is herein below set out with the parties being referred to in the same ranking as before the Trial Court.

(2.) The plaintiff has filed the suit for a declaration that the preliminary decree dtd. 18/9/1997 in O.S.No.349 of 1995 on the file of the Sub Court, Gobichettipalayam, in so far as it relates to Item I is null and void, to direct the 2nd defendant to deliver possession of the Item II of the suit property (site measuring 24*82) to the plaintiff, to direct the 5th defendant to remove its machinery in Item II of the suit property.

(3.) The 1st defendant is the father of the 2nd defendant and the 3rd defendant is the daughter of the 2nd defendant. The 4th defendant is the auction purchaser and the 5th defendant is the Indian Oil Corporation.