LINGAPPA GOUNDER Vs. PALANISAMY GOUNDER

JUDGEMENT

(1.) THE appellant herein is the Plaintiff in O. S. No. 764 of 1987 on the file of the I Additional District Munsif Court, Erode, who challenges the judgment and decree of the learned Additional District Judge, Erode, in a. S. No. 136 of 1994 dated 6. 3. 1995 reversing that of the Trial Court in o. S. No. 764 of 1987 dated 22. 11. 1993. Respondents 1 to 5 herein are defendants 1, 3, 6, 4 and 5 respectively in the original suit. Respondents 4 and 5/defendants 4 and 5 are given up as they were set exparte in the first appellate Court.

(2.) THE plaintiff filed the suit for declaration and for permanent injunction. The brief facts as could be seen from the plaint and written statement are as follows.

(3.) ON the above pleadings the trial Court framed five issues and one additional issue. On behalf of the plaintiff Pws. 1 and 2 were examined and Exs. A- to A-4 were marked. On behalf of the defendants the first defendant was examined as DW-1 through whom, Exs. B-1 to B-10 were marked. Apart from these, the Commissioner's report and plan were marked as Exs. C-1 and C-2.