SAMI ARUL EDUCATIONAL TRUST Vs. S.PETER

JUDGEMENT

(1.) The defendant in OS No.290 of 2010 on the file of the Principal Sub Court, Thanjavur is the appellant in this second appeal.

(2.) S.Peter, the respondent herein filed the said suit for declaration and recovery of possession and for permanent injunction. The suit was dismissed vide judgment and decree dtd. 28/8/2012. Challenging the same, the plaintiff filed A.S No.70 of 2012 before the Principal District Judge, Thanjavur. The first appellate court reversed the decision of the trial court and decreed the suit as prayed for on 29/4/2014. Challenging the same, the defendant filed SA(MD)No.692 of 2014. It was dismissed on 16/4/2015. Questioning the same, the defendant filed Civil Appeal No.6595 of 2016. The Hon'ble Supreme Court set aside the judgment of the High Court since substantial questions of law were not answered. The matter was remitted back. On 20/7/2016, the second appeal was formally admitted on the following substantial questions of law :

(3.) The learned Senior Counsel appearing for the appellant reiterated all the contentions set out in the grounds of appeal and also the written arguments and called upon this Court to answer the substantial questions of law in favour of the appellant and set aside the impugned judgment and restore the decision of the trial court. Per contra, the learned Senior Counsel appearing for the respondent submitted that the impugned judgment is a well reasoned and that it does not call for any interference. He also filed written notes of arguments. Both sides relied on a catena of case laws in support of the various propositions advanced by them.