P GOPALASAMY Vs. A PALANISAMY CHETTIAR

JUDGEMENT

(1.) CHALLENGE in this second appeal is to the Judgment and decree passed in Appeal Suit No.8 of 2008 by the Sub Court, Karur, wherein the Judgment and decree passed in Original Suit No.640 of 2003 by the Additional District Munsif Court, Karur are set aside.

(2.) THE respondent herein as plaintiff has instituted Original Suit No.640 of 2003 on the file of the trial Court for the relief of perpetual injunction, wherein the present appellant has been shown as first defendant.

(3.) ON the basis of the rival pleadings raised on either side, the trial Court has framed two issues and after evaluating both the oral and documentary evidence has dismissed the suit. Against the Judgment and decree passed by the trial Court, the plaintiff as appellant has preferred Appeal Suit No.8 of 2008 on the file of the first appellate Court. The first appellate Court after hearing both sides and upon reappraising the evidence available on record has allowed the appeal, whereby and whereunder set aside the Judgment and decree passed by the trial Court and consequently decreed the suit as prayed for. Against the Judgment and decree passed by the first appellate Court, the present second appeal has been filed at the instance of the first defendant as appellant.