LAKSHMI Vs. CHELLAYEE

JUDGEMENT

(1.) The third to seventh defendants in O.S.No. 266 of 1984 on the file of the District Munsif Court, Tiruchengode, are the appellants herein.

(2.) The suit in O.S.No. 266 of 1984 had been filed by the respondents Sellayee and her daughter Saraswathi, seeking declaration of title and permanent injunction to protect possession with respect to the suit properties which had been described as 33 cents in S.No. 152/4, 0.05 cents in S.No. 152/5 and 0.74 cents in S.No. 157/2, all in Tiruchengode, Namakkal District.

(3.) By Judgment dtd. 8/3/1991, the suit was dismissed. The plaintiffs then filed A.S.No. 78 of 1991 before the Sub Court, Sankari. By Judgment dtd. 16/4/1992, the appeal suit was allowed and the Judgment of the trial Court was set aside and the suit was decreed. This necessitated the third to seventh defendants to file the present Second Appeal. It must be mentioned that the first and second defendants had died even during the pendency of the suit.