JEEVARATHINAN Vs. N RAMANUJAM CHETTIAR

JUDGEMENT

(1.) THIS second appeal has been preferred against the decree and Judgment in A.S.No.11/1996 on the file of the Court of Principal Subordinate Judge, Salem. The plaintiff, who has won his case before the trial court but lost the same in the first appeal, is before this Court in Second appeal.

(2.) THE short facts in the plaint relevant for the purpose of deciding this second appeal are as follows:-

(3.) ON the above pleadings the learned trial Judge has framed six issues originally then recast the same into three for trial. ON the side of the plaintiff P.W.1 was examined and Ex.A.1 to A.5 were marked. ON the side of the defendant D.W.1 & 2 were examined and Ex.B.1 to B.9 were marked. A Commissioner was appointed and he filed Ex.C.1 & 3 reports and Ex.C.2 & 4 plans. The trial judge has also visited the suit property and has filed his notes of inspection along with Ex.C.5-surveyor plan. After going to through the oral and documentary evidence, the learned trial Judge has decreed the suit as prayed for. Aggrieved by the findings of the learned trial Judge, the defendant has preferred an appeal in A.S.No.11/1996 before the learned Principal Subordinate Judge, Salem, who has after hearing the appellant as well as the respondent and after considering the evidence both oral and documentary, has allowed the appeal thereby setting aside the decree and judgment of the learned trial judge. Hence, the plaintiff has preferred this second appeal. 5. The substantial questions of law involved in this second appeal are as follows:-