V CHELLAPPA Vs. R S NATARAJAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and decree dated 27/1/2005 passed in Appeal Suit No.131 of 2004 by the Principal Sub-Court, Tenkasi, wherein the judgment and decree dated 18/10/2004 passed in Original Suit No.456 of 2003 by the Principal District Munsif Court, Tenkasi are reversed in part.

(2.) THE present appellant as plaintiff has instituted the Original Suit No.456 of 2003 on the file of the Principal District Munsif Court, Tenkasi for the reliefs of declaration and perpetual injunction, wherein the present respondents have been shown as the defendants.

(3.) ON the basis of the divergent pleadings raised by either party, the trial Court has framed necessary issues and after contemplating both the oral and documentary evidence has dismissed the suit in toto. Against the judgment and decree passed by the trial Court, the aggrieved plaintiff has preferred Appeal Suit No.131 of 2004 on the file of the Principal Sub-Court, Tenkasi. The First Appellate Court after reappraising the evidence available on record has allowed the appeal in part and granted the reliefs sought for in respect of the property mentioned in the second schedule and confirmed the judgment and decree passed by the trial Court in respect of other reliefs sought for in the plaint. Against the judgment and decree passed by the First Appellate Court, the present Second Appeal has been filed at the instance of the plaintiff.