ERULAPILLAI AND ORS. Vs. KANDASAMY PILLAI AND ORS.

JUDGEMENT

(1.) The defendants in the Original Suit are the appellants in the Second Appeal. The respondents 1 and 2 herein/plaintiffs filed the suit in O.S.No.39 of 2006 on the file of the District Munsif Court, Kulithalai against the appellants herein/defendants for the relief of declaration that the plaint 'A' schedule property belonged to them and for recovery of possession of the same after removal of the super structures put up by the appellants herein/defendants.

(2.) The learned trial Judge decreed the suit and granted the reliefs as sought for by the respondents herein/plaintiffs by a judgment and decree dated 23.07.2009. Challenging the said decree, the appellants herein/defendants preferred an appeal on the file of the learned Subordinate Judge, Kulithalai in A.S.No.15 of 2010. The learned lower Appellate Judge concurred with the finding of the trial Court and dismissed the appeal by a judgment and decree dated 23.12.2010 confirming the decree of the trial Court. As such, the appellants herein/defendants are before this Court challenging the above said decree of the lower Appellate Court dated 23.12.2010 on various grounds set out in the memorandum of grounds of Second Appeal.

(3.) The case of the respondents herein/plaintiffs is as follows:-