JAYA AMMAL Vs. C. SUBRAMANIYAN

JUDGEMENT

(1.) THIS second appeal has been preferred against the judgment and decree of the lower appellate court (Sub Court, Vellore) dated 30.06.2005 made in A.S. No.4/2004 whereby, the judgment of the trial court (Curt of District Munsif, Vellore) made in O.S. No.871/1996 dated 24.11.2003 came to be reversed and the decree passed thereon came to be set aside by the lower appellate court.

(2.) THE respondent herein and the appellant herein are brother and sister. The appellant herein filed the original suit O.S. No.871/1996 on the file of the Court of District Munsif, Vellore for declaration of her absolute title to the suit property, recovery of possession, direction to render proper account in respect of the income derived from the suit property from the date of plaint till the date of delivery and for cost. The said prayer was made based on the plaint averments, which are in brief, as follows:

(3.) BASED on the rival pleas made by the parties, the learned trial judge framed as many as three issues and nine additional issues, based on which, the parties went for trial. In the trial, two witnesses were examined as PWs.1 and 2 and four documents were marked as Exs.A1 to A4 on the side of the appellant herein/plaintiff, whereas four witnesses were examined as DWs.1 to 4 and 21 documents were marked as Exs.B1 to B21 on the side of the respondent herein/defendant.