SRINIVASAM PILLAI Vs. SUBRAMANIAN

JUDGEMENT

(1.) THE defendant in the suit in O. S. No. 195 of 1987 on the file of the Additional District Munsif, Kallakurichi is the appellant herein. The respondents filed the suit for declaration and recovery of possession of the suit property with mesne profits and costs. The appellant resisted the suit by filing the written statement and the trial court having considered the evidence and arguments of both sides decreed the suit as prayed for and granted three months time for delivery of possession of the suit property to the respondents herein. Aggrieved by the said judgment and decree of the trial court, the appellant preferred the appeal before the Subordinate Court, Kallakurichi in A. S. No. 41 of 1996. The learned Subordinate Judge after analysing the recorded evidence in the light of the judgment and decree passed by the trial court dismissed the appeal with costs confirming the findings rendered by the trial court. Hence the Second Appeal.

(2.) THE parties to this Second Appeal may be referred to hereunder as they were arrayed before the trial court for the sake of convenience.

(3.) THE brief facts necessary for the disposal of this Second Appeal may be briefly stated as under:-