NARAYANAN Vs. GUNASEKARAN

JUDGEMENT

(1.) This judgment shall govern this second appeal and the cross objection. The second appeal is filed by the defendants and the cross objection is filed by the plaintiff.

(2.) It was originally a suit filed by the plaintiff in O. S. No.484 of 1996, seeking for the relief of declaration, recovery of possession and for mesne profits. On trial, the suit was dismissed by the trial court. On rejection of the case of the plaintiff, an appeal was preferred by the plaintiff in A. S. No.10 of 1997. On enquiry of the appeal, the learned District Judge, Villupuram granted the relief in respect of declaration and recovery of possession and also granted mesne profits at the rate of Rs.6000/- per year. Aggrieved the defendants have brought forth this second appeal, while the plaintiff, aggrieved over the disallowed portion in respect of mesne profits, has brought forth cross objection.

(3.) The plaintiff filed the suit alleging that the properties originally belonged to one Kuppammal and Thangavel Gounder; that one Athiappa Gounder purchased the properties; that the said Athiappa Gounder executed power of attorney for maintenance of the same in favour of one Sengoda Gounder on 9.5.1979; that since the said Sengoda Gounder did not act properly, there was cancellation of power deed on 6.10.1986; that the said Sengoda Gounder filed a suit in O. S. No.17 of 1987 on the file of the Sub Court, Virudhachalam, claiming that he was entitled to the property and also for consequential reliefs; that it was dismissed; that he took it on appeal in A. S. No.174 of 1991 and the same was also dismissed; that the plaintiff has purchased the property under Ex. A.1 from Athiappan on 22.1.1992; that the possession of the property was not handed over; that after the appeal was over, the Sengoda Gounder died and his legal representatives took the matter by way of second appeal and under these circumstances, the plaintiff was constrained to file the suit for declaration, recovery of possession and also for mesne profits.