SIVASANKARAN Vs. NNAMALAI AMMAL

JUDGEMENT

(1.) THE second defendant, who was successful before the trial Court, and failed before the first appellate Court, is the appellant.

(2.) THE suit for declaration and for consequential relief of possession, coupled with mesne profits, was filed by the plaintiffs/respondents on the ground that the suit property belongs to them ancestrally, that the same was leased out to the first defendant, who in turn subleased the same to the second defendant, and that despite demand and notice, they have not only failed to pay the arrears of lease amount, but also failed to deliver possession of the suit property, in addition, the second defendant denied the title, thereby prayed for the above said reliefs.

(3.) THE second defendant, aggrieved and unable to satisfy himself, by the judgment rendered by the learned II Additional District Judge, Pondicherry, preferred this second appeal questioning the correctness of the first appellate Court's judgment, canvassing the correctness of the trial Court's judgment.