KANNAMMAL Vs. AYYANAN

JUDGEMENT

(1.) THE unsuccessful plaintiff in O.S.No.389 of 2004 on the file of the District Munsif Court, Sathyamangalam, who lost the first appeal in A.S.No.21 of 2005 on the file of the Principal Subordinate Court, Gopichettipalayam has filed the above second appeal.

(2.) FOR the sake of convenience, the parties are referred to as per their ranking in the suit.

(3.) AFTER framing appropriate issues, the suit was taken up for trial and during trial, on the side of the plaintiff, the plaintiff was examined as P.W.1 and one Adaikan was examined as P.W.2, but, as he did not subject himself for cross-examination, his evidence has not been taken into consideration and on the side of the plaintiff, Exhibits A1 to A11 were marked. On the side of the defendants, first defendant has been examined as D.W.1 and one Kuppusamy has been examined as D.W.2 and Exhibits B1 to B.4 have been marked. The Trial Court on a careful consideration of the oral and documentary evidence adduced in the case, held that the plaintiff is not in possession of the suit property and dismissed the suit. Being aggrieved by that, the appellant has filed an appeal in A.S.No.21 of 2005 on the file of the Principal Subordinate Court, Gobichettipalayam. The lower Appellate Court also on an independent consideration of the evidence on record and the reasoning of the trial court agreed with the findings of the trial court and dismissed the appeal. Being aggrieved by that, the appellant is before this Court in the above second appeal.