UTHIRIAMARIE Vs. BALU NAIR

JUDGEMENT

(1.) The plaintiff in the original suit is the appellant in the second appeal. She filed the suit for declaration, mandatory injunction and recovery of possession. The learned trial Judge, after trial decreed the suit with cost granting the reliefs of declaration and mandatory injunction and dismissed the suit in respect of the prayer for recovery of possession. As against the said decree of the trial court dated 22.10.2003 made in O.S. No. 234/1998, the defendant preferred an appeal in A.S. No. 28/2006 on the file of the lower appellate court (Sub court, Pudukottai). The learned lower appellate Judge allowed the appeal in part, confirmed the decree of the trial court regarding the relief of declaration, set aside the decree in respect of the relief of mandatory injunction and dismissed the suit in respect of the mandatory injunction also. As against the said decree of the lower appellate court dated 31.08.2006, the plaintiff in the original suit has preferred the present second appeal on various grounds set out in the Memorandum of grounds of second appeal.

(2.) The second appeal was admitted on 07.08.2009 noticing the following to be the substantial question of law involved in the second appeal :

(3.) The arguments advanced on both sides were heard. The judgments of the Courts below and the records sent for from the courts below were also perused.