MARAGADHAM Vs. PERIYARAJA AND ORS.

JUDGEMENT

(1.) THE plaintiff in the original suit is the appellant in the second appeal. The original suit was filed by the appellant against the respondents for declaration of title, recovery of possession and permanent injunction not to alienate or encumber the suit properties, for rendition of accounts and for cost. The learned trial judge decreed the suit as prayed for by a judgment and decree dated 13.04.2006.

(2.) AGGRIEVED by the decree of the trial court, the respondents 1 to 3 herein, who were the defendants 2 to 4 in the original suit, preferred an appeal in A.S. No. 73 of 2006 on the file of the lower appellate court, namely Sub Court, Tiruppattur, Vellore District. By a judgment and decree dated 16.04.2007, the learned lower appellate judge, allowed the appeal, set aside the decree passed by the trial court and dismissed the suit filed by the appellant herein/plaintiff, without prejudice to the right of the 4th respondent/1st defendant to file a suit in respect of his half share in the suit properties.

(3.) SINCE the ranks of the parties in the suit came to be changed in the first appeal and the said change is also reflected in the second appeal, for clarity and sake of convenience, the parties are referred to in accordance with their ranks in the plaint and at appropriate places their ranks in the second appeal shall also be indicated.