N SUBRAMANIAN Vs. THANJIAMMAL

JUDGEMENT

(1.) THE plaintiff in O. S. No. 231 of 1990 on the file of the district Munsif Court, Polur who succeeded in the suit but lost the appeal in A. S. No. 60 of 1994 on the file of the Sub-Court, Thiruvannamalai, is the appellant in Second Appeal no. 481 of 1995. The plaintiff in O. S. No. 231 of 1990 was the defendant in O. S. No. 16 of 1991 on the file of the District munsif Court, Polur, and he succeeded in the suit, but the decree passed in O. S. No. 16 of 1991 was reversed in A. S. No. 69 of 1994 and hence he has filed Second Appeal No. 482 of 1995. For the sake of convenience the parties are referred to as per their ranking in the suit.

(2.) THE brief facts that are necessary for the disposal of the above second appeals are set-out below:

(3.) IN O. S. No. 231 of 1990 the first defendant-Thanjiammal remained exparte. Though the subject matter of the suit and the parties are same and the issues that arose for consideration were also same, for the reasons best known to the trial court, both the suits were tried separately and separate judgments have been rendered. After framing appropriate issues in both the suits, the suits were taken up for trial and during trial, in O. S. No. 231 of 1990, on the side of the plaintiff, the plaintiff-Subramanian has been examined as P. W. 1, Thanjiammal has been examined as P. W. 2 and two others have been examined as P. Ws. 3 and 4 and Exs. A-1 to A-15 have been marked and on the side of the defendants, Pachiammal the second defendant has been examined as D. W. 1 and one Kannan who has attested the settlement deed has been examined as D. W. 2 and Ex. B-1 has been marked. The cancellation deed has been marked as X-1. In O. S. No. 16 of 1991 the plaintiff-Pachiammal has been examined as P. W. 1 and the attestor of the settlement deed has been examined as P. W. 2 and the settlement deed has been marked as Ex. A-1 and on the side of the defendant-Subramanian has been examined as D. W. 1, Thanjiammal has been examined as D. W. 2 and one Aarimuthu has been examined as D. W. 3. The cancellation deed dated 30. 07. 1990 has been marked as Ex. X-1. The partition deed dated 27. 12. 1972 has been marked as Ex. X-2.