A.JOHN ROBERT Vs. AMBROSE NADAR

JUDGEMENT

(1.) The plaintiff in O.S. No. 266 of 1999 on the file of the II Additional District Munsif Court, Kuzhithurai is the appellant in this second appeal. The plaintiff filed the said suit for demarcation of the property set out in plaint 'A' schedule. The defendants 3 to 5 filed written statement controverting the plaint averments. Based on the rival pleadings, the trial Court framed the necessary issues.

(2.) The plaintiff examined himself as P.W. 1 and Exs. A1 to A5 were marked. The fourth defendant examined himself as D.W. 1 and one Rajamony was examined as D.W. 2 and Exs. B1 to B13 were marked.

(3.) After consideration of the evidence on record, by judgment and decree dtd. 8/2/2005, the trial Court decreed the suit as prayed for. Aggrieved by the same, the contesting defendants 3 to 5 filed A.S. No. 85 of 2005 before the Sub Court, Kuzhithurai. By the impugned judgment and decree dtd. 30/6/2009, the first appellate Court reversed the decision of the trial Court and allowed the first appeal and dismissed the suit. Challenging the same, this second appeal came to be filed.