MARIAPPAN Vs. SELVARAJ

JUDGEMENT

(1.) Challenging the judgment and decree passed in A.S.No.13 of 2013, on the file of the Principal Subordinate Court, Tenkasi, confirming the judgment and decree passed in O.S.No.126 of 2010, on the file of the District Munsif cum Judicial Magistrate Court, Senkottai, the defendant has filed the above Second Appeal.

(2.) The plaintiffs filed the suit in O.S.No.126 of 2010 for declaration and recovery of possession. According to the plaintiffs, earlier they filed a suit in O.S.No.52 of 2008, on the file of the District Munsif Court, Senkottai for recovery of possession. The said suit was dismissed by the trial Court on the ground that the plaintiffs did not seek for declaratory relief. Subsequent to the dismissal of the suit in O.S.No.52 of 2008, the present suit in O.S.No.126 of 2010 was filed by the plaintiffs for declaration and recovery of possession. The Courts below concurrently decreed the suit. Against which, the defendant has filed the above Second Appeal.

(3.) Heard Mr.I.Velpradeep, learned Counsel appearing for the appellant and Mr.S.Meenakshi sundaram, learned Senior Counsel appearing for the respondents.