LAWS(MAD)-2017-1-91

MARAGATHAMMAL Vs. M.KANDASAMY

Decided On January 09, 2017
MARAGATHAMMAL Appellant
V/S
M.KANDASAMY Respondents

JUDGEMENT

(1.) The defendants in the suit are the appellants before this Court. This appeal is directed against the reversing judgment of the first appellate Court in the suit filed for declaration, title and possession. Whiel the trial Court dismissed the suit, the first appeal was allowed and the suit was decreed by the first appellate Court.

(2.) The parties are described as per their rank and status shown in the original suit.

(3.) The brief facts leading to the second appeal are as follows: As per plaint, the plaintiff has purchased the suit property on 28.08.1962 from one T.R.Rajaraman and he is in possession and enjoyment of the same. While so, the defendants are trying to tresspass in to the suit property and claiming right over the suit property. The second defendant is brother of the plaintiff's vendor. The plaintiff permitted the second defendant to celebrate his daughter's marriage in the suit property. Taking advantage of that, he is claiming right over the suit property. Hence, the suit for declaration, title and possession.