SIVAKOZHUNDU Vs. SARASWATHI

JUDGEMENT

(1.) THE defendants 2 to 6 in the suit are the appellants.

(2.) THE respondents/plaintiffs filed the suit through their power of attorney for declaration and recovery of possession of the suit property after removal of the superstructure and for mesne profits. Since the appellants/defendants resisted the suit by filing the written statement, the trial court having recorded the evidence, heard the arguments of both sides and decreed the suit as prayed for with costs and also directed the defendants to pay Rs. 300/- per month to the plaintiffs towards mense profits.

(3.) AGGRIEVED by the judgment and decree passed by the trial court, the defendants filed the appeal before the Subordinate Court, Cuddalore in A. S. No. 16 of 1992. The learned Subordinate Judge after perusing the recorded evidence and upon hearing the arguments of both sides rendered a concurrent finding by confirming the judgment and decree passed by the trial court and dismissed the appeal with costs. Hence, the Second Appeal.