ELUMALAI Vs. KANTHAMANI AMMAL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is preferred against the order of remand made by the learned Sub-ordinate Judge, Gingee dated 29.06.2009 made in A.S. No. 30 of 2006 reversing the decree/judgment in O.S. No. 551 of 1998 dated 30.06.2005 on the file of the Additional District Munsif Court, Gingee.

(2.) The defendant in O.S. No. 551 of 1998 on the file of the Additional District Munsif Court, Gingee/the respondent in A.S. No. 30 of 2006 on the file of the Sub-ordinate Judge, Gingee, has come forward with this miscellaneous Appeal, challenging the order of the First Appellate Court remanding the matter back to the Trial Court. The parties would be referred to as per their rank before the Trial Court for narrative convenience.

(3.) The plaintiff has filed a suit for declaration of title and for recovery of possession with mesne profits. She would allege in her plaint that the suit property originally belonged to her husband Kuppusamygounder, that he had obtained the same partly by inheritance and partly by purchase from one of his co-sharers, that he had settled the property on the plaintiff on 10-08-1973 under a registered deed of settlement and ever since she was in possession and enjoyment of the property. Be that as it may, some dispute arose between the plaintiff and her husband and taking advantage of the same the defendant encroached upon the suit property and hence had laid the suit.