S RAGHUNATHA GOUNDER Vs. PATTAPPA GOUNDER

JUDGEMENT

(1.) THE plaintiff in the suit is the appellant herein. Aggrieved by the judgment and decree, dated 25.01.1996 passed in A.s. No.92 of 1994 on the file of the subordinate Judge, Thiruvannamalai, partially modifying the judgment and decree dated 15.10.1993 passed in O.s. No.1431/1981 by the District Munsif, Thiruvannamalai, the plaintiff has preferred this Appeal.

(2.) THE case of the plaintiff, Raghunatha Gounder as put forth before the Trial Court is as follows :

(3.) AGGRIEVED by the order of the Trial Court, the plaintiff preferred an Appeal in A.s. No.92 of 1994. The Lower Appellate Court, on evaluation of the evidence on record, found that only an extent of 40 2/3 cents of land was in possession of Mottaiyan @ Chinnasami Naicker, which was sold to the plaintiff and the same is binding on the plaintiff. The Lower Appellate Court held that the plaintiff is in possession of 402/3 cents of land in s.No.195/2 and granted permanent injunction as sought by him. Not satisfied with the judgment of the Lower Appellate Court, the plaintiff, Raghunatha Gounder has preferred this Second Appeal, praying to allow the First Appeal in full.