K KRISHNAN Vs. PIRAKALANAYAKI

JUDGEMENT

(1.) This second appeal had been filed by the plaintiff in O.S.No.836 of 1980. O.S.No.836 of 1980 had been filed by the plaintiff, K.Krishnan, against the five defendants seeking a judgment and decree for recovery of possession of the suit property by directing the defendants to hand over vacant possession and for a direction against the defendants to pay a sum of Rs. 15,000/- being the cost of super structure put up by him and for a direction against the defendants to pay damages for use of occupation and for cost of the suit.

(2.) This suit came up for consideration before the Subordinate Court, Dindigul. It was dismissed by judgment and decree dated 14.01986. The appeal filed against such dismissal judgment in A.S.No.22 of 1986 came up for consideration before the District Court, Dindigul also suffered a judgment of dismissal on 14.11.1991. The plaintiff has now filed the present second appeal.

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