NAGOMI Vs. EVANGELINE AND OTHERS

JUDGEMENT

(1.) The first defendant in O.S.No.395 of 2005, on the file of the Principal District Munsif Court, Nagercoil, is the appellant.

(2.) O.S.No.395 of 2005 had been filed by the plaintiff, Evangeline, against the defendants, namely, Nagomi and Nagercoil Municipality, represented by its Commissioner, Nagerciol, for declaration and mandatory injunction and for costs of the suit. That suit was dismissed without costs by judgment and decree dated 16.09.2010. As against that judgment, the plaintiff filed A.S.No.71 of 2010 before the II Additional Subordinate Court, Nagercoil. The learned II Additional Subordinate Judge, by judgment and decree dated 29.06.2011, set aside the judgment and decree dated 16.09.2010, passed in O.S.No.395 of 2005 and allowed the appeal. The appeal was, however, dismissed as against the second defendant. Aggrieved by the said judgment, the first defendant, Nagomi, had filed the present second appeal.

(3.) The second appeal was admitted on the following substantial questions of law: