KANNAIAN NAIDU (DIED) Vs. KAMSALA AMMAL @ BANUMATHI

JUDGEMENT

(1.) Second Appeal has been filed by the against the judgment and decree dtd. 28/9/2015 made in A.S.No.1 of 2007 on the file of the II Additional District and Sessions Court, Chidambaram in modifying the judgment and decree dtd. 15/9/2005 passed in O.S.No.28 of 2002 on the file of the Sub Court, Chidambaram. Cross Objection filed under Order XLI Rule 22 of C.P.C., praying to set aside the judgment and decree dtd. 28/9/2015 made in A.S.No.1 of 2007 on the file of the II Additional District and Sessions Court, Chidambaram in so far as it relates to partly reversing the judgment and decree made in O.S.No.28 of 2002 on the file of the Subordinate Judge, Chidambaram.

(2.) The appellants in Second Appeal are the legal heirs of the plaintiff and 1 st respondent/defendant in O.S. No. 28 of 2002. On the death of the plaintiff, his legal heirs were impleaded in A.S.No.1 of 2007. The Cross objector is the 1 st defendant in the suit. For the sake of convenience, parties are referred to as per their ranking before the Trial Court.

(3.) The case of the plaintiff is as follows: