CHAKRAPANI Vs. PAVUN GOUNDER

JUDGEMENT

(1.) This second appeal has been filed by the plaintiff against the Judgment and Decree passed by the Additional District Judge, Tiruvannamalai, in A.S.No.116 of 2000, dated 30.04.2001, reversing the Judgment and Decree passed by the Additional District Munsif No.I, Tiruvannamalai, in O.S.No.68 of 1997 dated 11.07.2000.

(2.) The appellant herein has filed a suit in O.S.No.68 of 1997, on the file of the Additional District Munsif No.I, Tiruvannamalai, to declare his title over the suit property and to restrain the defendants by means of permanent injunction from interfering with his peaceful possession and enjoyment of the suit property. The learned Additional District Munsif No.I, Tiruvannamalai, by the Judgment, dated 11.07.2000, has decreed the suit as prayed for with costs. Aggrieved by the same, the defendants have filed an appeal in A.S.No.116 of 2000, on the file of the Additional District Judge, Tiruvannamalai. The learned Additional District Judge, Tiruvannamalai, by the Judgment, dated 30.04.2001, has allowed the said appeal and set aside the Judgment and decree passed by the Trial Court and dismissed the suit, however, directed the parties to bear their own costs through out. Feeling aggrieved, the plaintiff 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: