SHANKAR Vs. S VISWANATHAN

JUDGEMENT

(1.) THE plaintiff is the appellant, who lost the case before both the courts below. The plaintiff filed a suit in O. S. 239 of 1990 for injunction and also for injunction restraining respondents 1 and 2 / defendants 1 and 2 from executing the decree passed in O. S. 17 of 1988 by the District Munsif court, Nannilam. The suit was dismissed and the plaintiff filed A. S. 255 of 1996 before the Principal District Judge, Nagapattinam and the appeal was also dismissed. Hence, the second appeal.

(2.) THE facts which are relevant for disposal of the Second Appeal are as follows: defendants 1 and 2 are owners of the land, which is the subject matter of the second appeal. Third defendant entered into an agreement for sale with defendants 1 and 2. He was put in possession of the suit properties. 3rd defendant failed to perform his part of the contract. Defendants 1 and 2 filed a suit in O. S. 17 of 1988 before the District Munsif Court, Nannilam for recovery of possession, which was dismissed. Later, they filed A. S. 127 of 1989 before the Sub Court, Nagapattinam, which was allowed. The third defendant did not file any appeal. Hence it reaches finality.

(3.) IT is necessary to mention that A. S. 127 of 1989 was allowed on 03. 07. 1990. The third defendant, after suffering the decree, executed a lease deed dated 22. 08. 1990 in favour of the plaintiff. The plaintiff filed necessary application before the Tahsildar to register him as a cultivating tenant without impleading defendants 1 and 2 and the same was ordered. Later, defendants 1 and 2 filed an appeal before the appellate authority, who has remanded it to the original authority. Thereafter, the plaintiff's name was registered as a cultivating tenant under Ex. A-2 dated 03. 02. 1996. It is also stated that defendants 1 and 2 filed an appeal against the order passed in ex. A-2, which was dismissed.