RAJAYAL Vs. PATTU

JUDGEMENT

(1.) The plaintiffs in O.S.No.112 of 1994 on the file of the District Munsif Court, Ariyalur, are the appellants herein. The suit in O.S.No.112 of 1994 had been filed by the three plaintiffs namely, Rajayal, her son Kathirvel and daughter Amudhavalli, against two defendants namely, Gangajalam and Pattu who are both sons of Samikannu Padaychi, seeking declaration of title and recovery of possession of vacant land measuring 3 cents in SF.No.74/16 at Ponparappikudikadu village, Sendurai Sub-Regsitry, Ariyalur Taluk. The said suit had been decreed by judgment dtd. 16/10/1995.

(2.) The defendants / legal representatives of the defendants then filed in A.S.No.184 of 1995 before the Sub Court Ariyalur. By judgment dtd. 8/6/2004, the appeal was allowed, thereby reversing the decree granted by the Trial Court, in effect dismissing O.S.No.112 of 1994. This has necessitated the plaintiffs to file the present Second Appeal.

(3.) The Second Appeal had been admitted on the following substantial questions of law:-