ANTHONIAMMAL @ PANKAJAM Vs. XAVIER FRANCIS FERNANDES (DIED)

JUDGEMENT

(1.) Both the second appeals are arising out of common judgement and decree dated 31.12.2002 made in A.S. Nos. 102 of 2001 and 90 of 2002 on the file of the Principal District Court, Kanyakumari at Nagercoil, confirming the judgment and decree dated 26.07.2001 passed in O.S. No. 818 of 1987 on the file of the Additional District Munsif Court, Nagercoil and therefore, both Second Appeals are disposed of by this common judgment. The appellant, who lost in both the Courts below, have come out with these second appeals.

(2.) The appellant in both the second appeals is the plaintiff in O.S. Nos. 818 of 1987 and 1115 of 1987 and appellant in A.S. Nos. 102 of 2001 and 90 of 2002. The respondents 1 to 4 in S.A. No. 1358 of 2003 are the defendants in O.S. No. 818 of 1987. The respondents 1 to 3 in S.A. No. 1359 of 2003 are the defendants in O.S. No. 1115 of 1987.

(3.) During pendency of the second appeals, respondents 1 and 3 in S.A. No. 1358 of 2003 died. Their legal heirs were impleaded as respondents 5 to 13 and 14 to 18 respectively in S.A. No. 1358 of 2003. S.A. No. 1358 of 2003 (O.S. No. 818 of 1987):