PARVATHI AMMAL DIED Vs. KAMALAMMAL

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment of the learned Judge of this Court rendered in A.S.No.403 of 1985 dated 20.08.1999 reversing the judgement and decree made in O.S.No.756 of 1973 dated 23.03.1985 on the file of the Ist Additional Subordinate Judge, Salem.

(2.) The first appellant—Parvathi Ammal is the second plaintiff in the suit and the first plaintiff—Munusami Naicker in the suit is her husband. The suit was instituted by the first plaintiff represented by his wife and next friend the second plaintiff, and as the first plaintiff died during the pendency of the suit, the suit was prosecuted by the second plaintiff and the suit was filed against the first plaintiff's brother Muthuswamy Naicker, who died on 6.11.1971. The suit was decreed by the learned trial Judge and on appeal before this Court, the learned Judge of this Court reversed the judgment and decree of the learned trial Judge. During the pendency of the Letters Patent Appeal, the second plaintiff, the sole appellant, also died and the second appellant was brought on record as the legal representative of the deceased appellant.

(3.) The suit was filed by Munusami Naicker (hereinafter referred to as the first plaintiff) for recovery of possession of the suit property, for accounting and for recovery of past and future mesne profits and costs.