M SUBBIAH Vs. T SUBBIAH DIED

JUDGEMENT

(1.) CHALLENGE in this second appeal is to the concurrent judgments passed in Original Suit No.201 of 1991 by the Principal Subordinate Court, Tirunelveli and in Appeal Suit No.49 of 1999 by the Second Additional District Court, Tirunelveli.

(2.) THE appellant and respondents 4 to 8 herein as plaintiffs have instituted Original Suit No.201 of 1991 on the file of the trial Court, for the reliefs of declaration and perpetual injunction, wherein the present respondents 1 to 3 have been shown as defendants.

(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 dismissed the suit. Against the judgment and decree passed by the trial Court, the plaintiffs as appellants have preferred Appeal Suit No.49 of 1999 on the file of the first appellate Court. The first appellate Court, after hearing both sides and after reappraising the evidence available on record, has dismissed the appeal and thereby confirmed the judgment and decree passed by the trial Court. Against the concurrent judgments, the present second appeal has been filed at the instance of the first plaintiff as appellant.