M. PANCHAVARNAM Vs. M. JEYANTHI

JUDGEMENT

(1.) THE above Second Appeal arises against the judgment and decree passed in A.S. No. 67 of 2014, on the file of the Principal Subordinate Court, Dindigul, confirming the judgment and decree passed in O.S. No. 298 of 2011, on the file of the Additional District Munsif, Dindigul. The defendant is the appellant and the respondent was the plaintiff in the suit. The plaintiff filed the suit in O.S. No. 298 of 2011 for declaration and for recovery of possession.

(2.) THE brief case of the plaintiff is as follows:

(3.) BEFORE the trial Court, on the side of the plaintiff, two witnesses were examined and 11 documents Exs.A.1 to A.11 were marked. On the side of the defendant, three documents were marked, however no witness was examined. The trial Court, after taking into consideration of the case of both parties, decreed the suit. Aggrieved over the same, the defendant preferred an appeal in A.S. No. 67 of 2014. In the first appeal, the plaintiff filed an application in I.A. No. 3 of 2015 under Order 41 Rule 27 C.P.C., to produce additional documents. Similarly the defendant also filed an application in I.A. No. 122 of 2014 under Order 41 Rule 27 C.P.C., to produce additional documents. The lower Appellate Court, taking into consideration the case of both parties, confirmed the judgment and decree of the trial Court and dismissed the appeal. The lower Appellate Court allowed the application in I.A. No. 3 of 2015 and partly allowed the application in I.A. No. 122 of 2014. Aggrieved over the concurrent findings of the Courts below, the defendant has filed the above Second Appeal.