RAJA RETHINAM NADAR DIED Vs. KAMALAM

JUDGEMENT

(1.) CHALLENGE in this second appeal is to the judgment and decree dated 17.03.2004 passed in Appeal Suit No.163 of 1997 by the Subordinate Court, Kuzhithurai.

(2.) THE deceased first appellant herein as plaintiff has instituted Original Suit No.361 of 1987 on the file of the Second Additional District Munsif Court, Kuzhithurai, for the relief of redemption of mortgage, wherein the present respondent has been shown as sole defendant.

(3.) ON the basis of the divergent pleadings raised on either side, the trial Court has framed necessary issues and after evaluating both the oral and documentary evidence, has decreed the suit as prayed for. Against the judgment and decree passed by the trial Court, the defendant as appellant has preferred an Appeal Suit No.163 of 1997 on the file of the first appellate Court. The first appellate Court, after hearing both sides and upon perusing the relevant records, has allowed the appeal, whereby and whereunder set aside the judgment and decree passed in Original Suit No.361 of 1987 and ultimately dismissed the suit. Against the judgment and decree passed by the first appellate Court, the present second appeal has been filed at the instance of the plaintiff as appellant.