S SAROJA Vs. BABY AMMAL

JUDGEMENT

(1.) This second appeal has been filed by the defendant against the Judgment and decree passed by the Additional Sub-Judge, Nagapattinam in A.S.No.31 of 1998 dated 18.09.1998 reversing the Judgment and Decree passed by the District Munsif, Tiruthuraipoondi in O.S.No.214 of 1991 dated 30.09.1997.

(2.) The respondents herein have filed a suit in O.S.No.214 of 1991 on the file of the District Munsif, Tiruthuraipoondi to declare that the suit property belongs to the first plaintiff or plaintiffs; for delivery of possession and for mesne profits. The learned District Munsif, Tiruthuraipoondi, by his Judgment dated 30.09.1997 has dismissed the said suit with cost. Feeling aggrieved, the plaintiffs have filed an appeal in A.S.No.31 of 1998 on the file of the Additional Sub-Judge Nagapattinam. The learned Additional Sub-Judge, Nagapattinam by his Judgment dated 18.09.1998 has allowed the said appeal and set-aside the Judgment and decree passed by the trial court and decreed the suit as prayed for without cost. He also directed the defendant to deliver vacant possession of the suit property within two months. As against the same, the defendant has filed the present second appeal. For the sake of convenience, the parties are referred to as described before the trial court.

(3.) The averments made in the plaint are, in brief, as follows: