THANGAVEL PADAYACHI Vs. KESAVA PADAYACHI

JUDGEMENT

(1.) The plaintiffs are the appellants. They filed O.S.No.304 of 1996 on the file of the learned Principal District Munsif, Ulundurpet for declaration. The trial Court dismissed the suit by decree and judgment dated 30.11.1999. Challenging the same, the appellant filed A.S.No.32 of 2000 which also came to be dismissed by the learned Principal Subordinate Judge, Villupuram by decree and judgment dated 28.07.2004 by confirming the decree and judgment of the trial Court. Challenging the same, the appellants have come forward with this second appeal.

(2.) The case of the appellants/plaintiffs is as follows: -

(3.) The averments in the written statement filed by the 1st defendant and adopted by the 3rd defendant, it is pleaded as follows: -