BAGAVATHI ASARI (DIED) Vs. SUBRAMONIAN ASARI (DIED)

JUDGEMENT

(1.) S.A.(Md)No.105 of 2004:-

(2.) The plaint schedule property was land and building bearing D.No.20/12 in Suchindrum Town Panchayat in R.S.No.254/11, Old S.No.590/118 measuring about 1 + cents equivalent to 653.4 sq.ft. The suit was decreed only with respect to injunction and the declarative reliefs were rejected. As against the same, the plaintiff Subramonian Asari filed A.S.No.136 of 2003. This came up for consideration before the I Additional Subordinate Judge, Nagercoil, who, by judgment dated 28.04.2004, allowed the appeal. As against the same, the defendants Bagavathi Asari and his son Arunachalam Asari had filed the second appeal in S.A.(MD)No.105 of 2004. Pending the second appeal, Bagavathi Asari died and his legal representatives were brought on record as appellants 3-6. Pending the second appeal, Subramonian Asari also died and his legal representatives were also brought on record as respondents 2-7.

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