COMMISSIONER Vs. S.MANI

JUDGEMENT

(1.) The defendant in O.S.No.453 of 2000 on the file of the Principal District Munsif, Madurai Town is the appellant in this second appeal.

(2.) The respondent herein filed the said suit seeking the reliefs of permanent injunction as well as mandatory injunction. The appellant filed written statement controverting the plaint averments. Based on the rival pleadings, the trial court framed the necessary issues. The plaintiff's husband examined himself as P.W.1. Ex.A1 to Ex.A25 were marked. On the side of the defendant, no witness was examined. However, Ex.B1 to Ex.B3 were marked. After consideration of the evidence on record, the trial court vide judgment and decree dtd. 2/11/2000 granted the relief of permanent injunction restraining the defendant from interfering with the plaintiff's possession and enjoyment of the suit property. The relief of mandatory injunction was however denied. Aggrieved by the same, the defendant filed A.S.No.128 of 2004 before the second Additional Sub Court, Madurai. By judgment and decree dtd. 31/7/2009, the first appellate court dismissed the appeal and confirmed the decision of the trial court. Challenging the same, this second appeal came to be filed. The second appeal was admitted on 10/6/2010 on the following substantial questions of law:-

(3.) The learned standing counsel for the appellant reiterated all the contentions set out in the memorandum of grounds called upon this Court to answer the substantial questions of law in favour of the appellant and set aside the judgments and decrees passed by the courts below and allow the second appeal.