VENUGOPALALIASALAGARSAMY DIED Vs. BAJANAI ALAGARSAMY

JUDGEMENT

(1.) THIS second appeal is preferred against the judgment and decree dated 29.7.2002 rendered in A.S.No.40 of 1991 by the Court Subordinate Judge, Srivilliputhur, thereby reversing the judgment and decree dated 5.3.1990 rendered in O.S.No.531 of 1988 by the Court of Principal District Munsif, Srivilliputhur.

(2.) TRACING the history of the above second appeal coming to be preferred by the plaintiff in the suit, it comes to be known that the appellant herein has filed the suit for recovery of possession, permanent injunction restraining the defendants from further burrowing the schedule of properties and for such other reliefs.

(3.) DURING trial, one witness by name Kesavan has been examined on the part of the plaintiff for oral evidence as P.W.1, besides marking four documents as Exs.A-1 to A-4 for documentary evidence. On the part of the defendants, the first defendant would examine himself as D.W.1 oral evidence, with no document having been marked on their side. The trial Court, in consideration of these materials placed on record and in appreciation of the evidence issue-wise in its own way, had ultimately decreed the suit with costs, testifying the validity of which, the defendants have preferred an appeal in A.S.No.40 of 1991 on the file of the Court of Sub Judge, Srivilliputhur and the said appellate Court having traced the facts and circumstances of the case as pleaded before the lower Court has framed the following point for consideration of the first appeal: