BOOJI Vs. CHINNAVAN

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree of the Sub-Court, Tirupattur, dated 7. 8. 1996, made in A. S. No. 6 of 1995, partly reversing the judgment and decree of the Principal District Munsif Court, tirupattur, dated 13. 12. 1994, made in O. S. No. 503 of 1977.

(2.) THE plaintiff in O. S. No. 503 of 1977 is the appellant in the present second appeal. THE suit had been filed, praying for a judgment and decree to declare the right, title and interest of the plaintiff in the suit properties and for a permanent injunction against the defendants, their men and agents, restraining them from interfering with the peaceful possession and enjoyment of the suit properties by the plaintiff and for costs of the suit and for other reliefs.

(3.) BASED on the averments made by the plaintiff as well as the defendants, the trial Court had framed the following issues for consideration: " (i) Whether the agreement, dated 28. 10. 1976, as mentioned by the second defendant is genuine? (ii) Whether the second defendant is entitled to keep the brick kiln, located in the land measuring 10 cents in the suit property, under his possession? (iii) Whether the brick kiln was in possession of the plaintiff at that time of the filing of the suit? Whether the plaintiff has any right over the brick kiln? (iv) Whether it is true to allege that the defendants had trespassed into the suit property, on 17. 12. 1977? (v) Whether the defendants 1 and 3 are unnecessary parties to the suit? Whether the defendants 1 and 3 are eligible to get exemplary costs? (vi) What other reliefs the plaintiff is entitled to?"