R KRISHNAKUMAR Vs. SALAI VINAYAGAR TEMPLE

JUDGEMENT

(1.) THIS judgment shall govern these two appeals in S.A.Nos.1863 and 1864 of 2003.

(2.) THE plaintiff temple filed a suit in O.S.No.862 of 1991 for recovery of possession of the plaint schedule property from the tenant who is the appellant herein. THE suit was dismissed. THE first appeal filed by the plaintiff in A.S.No.10 of 2003 was allowed and hence the defendant has brought forth this second appeal.

(3.) THE trial Court after framing necessary issues, dismissed the suit in O.S.No.862 of 1991, but decreed the suit in O.S.No.864 of 1991. Aggrieved parties, viz. the plaintiff in the first suit and the defendant in the second suit filed appeals in A.S.Nos.10 of 2003 and A.S.No.50 of 2003 respectively. Both the appeals were taken up by the learned Principal District Judge, Vellore and by a common judgment, O.S.No.862 of 1991 was reversed and A.S.NO.10 of 2003 was allowed and O.S.No.864 of 1991 was affirmed by dismissing the appeal in A.S.No.50 of 2003. Hence, two second appeals have been arisen before this Court.