R.M. KANNAN Vs. GNANAMMAL

JUDGEMENT

(1.) THIS Second Appeal and Cross Objection have been filed against the judgment and decree dated 28.06.1999, made in A.S.No.157 of 1997 on the file of I Additional District Judge -cum -Chief Judicial Magistrate Court, Trichy, modifying the judgment and decree, dated 21.01.1997, made in O.S.No.644 of 1987 on the file of I Additional District Munsif Court, Trichy.

(2.) THE appellant is the plaintiff and the respondents are the defendants in the suit in O.S.No.644 of 1987 on the file of I Additional District Munsif Court, Trichy. The suit filed by the appellant was dismissed in respect of the claim of mandatory injunction and permanent injunction by the trial Court and decree of specific performance was granted. Aggrieved over the same, the appellant has filed the first appeal in A.S.No.157 of 1997. The first appeal in A.S.No.157 of 1997 was allowed by the first appellate Court, confirming the decree of specific performance and modifying the decree of trial Court and granted decrees of mandatory and permanent injunction as prayed for by the appellant.

(3.) ACCORDING to the appellant, the decree of specific performance granted by both the Courts below do not relate to the suit property and he is aggrieved by the judgment and decree of the Courts below. The appellant on misconception that the relief claimed by him had been rejected has filed the second appeal.