MUTHU KOTHANAR Vs. S.DHANASUNDARAM

JUDGEMENT

(1.) Ma.Aranganathan, a noted Tamil literary figure, comes to my mind as I dispose of this second appeal. He did not (to borrow the lines of Dylan Thomas) write for ambition or bread or the strut and trade of charms on the ivory stages. When he passed away, the Madurai Bar organized a memorial meeting. One of the speakers posed a question, "Who is Muthukaruppan?" The renowned writer Shri.Jeyamohan in his homage also remarked that the main character in all his fictional writings bore the constant name of Muthukaruppan.

(2.) This second appeal arises out of a suit for permanent injunction. The respondents herein who are the sons of one Subbaiah Pillai filed O.S No.527 of 1996 on the file of the Principal District Munsif Court, Pudukkottai for restraining the defendant from interfering with their possession and enjoyment of the suit property. The defendant filed written statement controverting the plaint averments. Based on the divergent pleadings, the trial Court framed the following issues:-

(3.) The second plaintiff examined himself as P.W.1 and one Periyanayagam was examined as P.W.2 and Exs.A1 to A10 were marked. The defendant examined himself as D.W.1 and one Rangarajan was examined as D.W.2 and Exs.B1 to B5 were marked. After consideration of the evidence on record, by judgment and decree dtd. 23/12/1998, the suit was decreed as prayed for. Aggrieved by the same, the defendant filed A.S No.9 of 2005 before Sub Court, Pudukkottai. By the impugned judgment and decree dtd. 21/4/2006, the first appellate Court confirmed the decision of the trial Court and dismissed the first appeal. Challenging the same, this second appeal came to be filed.