SUBANANDARAJ Vs. MANI

JUDGEMENT

(1.) Subanandaraj, S/o. Nallamuthu, the second defendant in the original suit is the appellant herein. Mani S/o. Muthunayagam, the plaintiff in the said suit is the sole respondent in the second appeal.

(2.) The respondent herein filed O.S. No. 527 of 2005 in the Court of District Munsif, Kuzhithurai against one Nallamuthu, S/o. Late Gnanamony Nadar and Subanandaraj, S/o. Nallamuthu for declaration of his title over the plaint 'B' schedule property, for recovery of the plaint 'B' schedule property from the defendants therein, for recovery of future mesne profits at the rate of Rs. 300.00 per annum from the date of plaint till recovery of possession and for costs. The suit was resisted by the defendants based on their common written statement. The first defendant Nallamuthu died and his son, who was already there on record as the second defendant, was recorded as the legal representative of his father Nallamuthu also. After trial, the learned trial Judge (II Additional District Munsif, Kuzhithurai), dismissed the suit without costs by a judgment and decree dated 14.12.2010. The plaintiff therein preferred an appeal before the Sub-Court, Kuzhithurai in A.S. No. 34 of 2011. The learned lower appellate Judge (Subordinate Judge, Kuzhithurai), by a judgment and decree dated 28.01.2013 allowed the said appeal, set aside the decree of the trial Court dated 14.12.2010 and granted the relief of declaration and recovery of possession with cost. However, the learned lower appellate Judge disallowed the claim regarding mesne profits. As against the said judgment and decree of the lower appellate Court, the sole surviving defendant has preferred the second appeal.

(3.) The second appeal was admitted on 19.09.2013 noticing four questions to be the substantial questions of law involved in the second appeal. They are