MANICKAM Vs. DEVADOSS

JUDGEMENT

(1.) The brief averments found in the suit plaint is as follows:

(2.) The following are the averments in the written statement filed by the defendants 2 and 3:

(3.) On the plaintiff's side 2 witnesses were examined and marked 13 documents and on the side of the defendant, including 1st defendant 2 witnesses were examined and 24 exhibits were marked. After perused the oral testimony and documents of both sides, the trial Court has decreed the suit in respect of Declaration of title in respect of item No. 1 and 2; Permanent injunction in respect of 3.97 acres; delivery of possession in respect of a portion encroached upon by the 1st defendant and dismissed the prayers for resurvey and mandatory injunction against Government. The judgment and decree were confirmed by the first appellate Court in A.S. No. 6 of 1995. Aggrieved against the judgment the 1st defendant has preferred this Second Appeal. During the pendency of the case, the appellant/1st defendant and the 1st respondent/plaintiff were died and their legal heirs were impleaded as parties respectively.