LAWS(MAD)-2022-7-10

PACHAMUTHU Vs. E.RAJBI (DIED)

Decided On July 15, 2022
PACHAMUTHU Appellant
V/S
E.Rajbi (Died) Respondents

JUDGEMENT

(1.) The defendant in O.S.No.589 of 1992 on the file of the District Munsif Court, Namakkal, is the appellant herein. The said suit was originally filed by seven plaintiffs and later the 8 th plaintiff had been impleaded on application filed and being allowed. The suit had been filed seeking a declaration that the 1 st to 7 th plaintiffs are entitled for a declaration with respect to A schedule property and that the 8 th plaintiff is entitled for a declaration with respect to B schedule property and for recovery of possession with respect to item Nos.1 and 2 of B schedule property and to handover such possession to the 8 th plaintiff and also for costs of the suit. The suit was decreed by judgment dtd. 24/9/1998. The defendant then filed A.S.No.98 of 1998 before the Sub Court, Namakkal. The appeal suit was also dismissed by judgment dtd. 30/6/2000. The defendant then filed the present Second Appeal.

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

(3.) The appellant also filed CMP.No.27424 of 2019 under Order 41 Rule 27 CPC., to receive additional documents, namely, copy of assignment issued by the Tashildar and other revenue documents.