AMMULU Vs. THULASIAMMAL TRUST

JUDGEMENT

(1.) Challenging the judgment and decree passed in A.S.No.23 of 2013 on the file of the Principal Subordinate Court, Kumbakonam confirming the judgment and decree passed in O.S.No.224 of 2006, on the file of II Additional District Munsif cum Judicial Magistrate Court, Kumbakonam, the defendants have filed the above Second Appeal.

(2.) The plaintiffs filed the suit in O.S.No.224 of 2006 for recovery of possession and permanent injunction. According to the plaintiffs, the defendants are lessees under them in respect of the suit property. The defendants contended that they are cultivating tenants and therefore, the civil Court has no jurisdiction to entertain the suit and only the Tenancy Tahsildar has got jurisdiction to decide the issue involved in the suit.

(3.) Before the trial Court, on the side of the plaintiffs, P.W.1 was examined and 13 documents viz., Exs.A.1 to A.13 were marked. On the side of the defendants, two witnesses were examined and Ex.B.1 was marked. The Advocate Commissioner's reports and plans were marked as Exs.C.1 to C.4.