R SUNDARAM (DIED) Vs. MALLI CHETTIAR (DIED)

JUDGEMENT

(1.) This Second Appeal has been filed by the plaintiff against the Judgment and Decree passed by the Principal District Judge, Salem in A.S.No.70 of 1999 dated 29.04.1999 confirming the judgment and decree passed by the Sub-Judge, Namakkal, in O.S.No.515 of 1994 dated 24.12.1998.

(2.) The first appellant herein has filed a suit in O.S.No.515 of 1994 on the file of the Sub-Judge, Namakkal as indigent person to declare that he is the absolute owner of the suit 'A' Schedule property and for mandatory injunction directing the defendants to remove the superstructures put up in the suit 'A' schedule property and for delivery of possession of the suit 'A' schedule property. The learned Sub-Judge, Namakkal, by the judgment and decree dated 24.12.1998 has dismissed the said suit with costs and also directed the plaintiff to pay the court fees to the Government.

(3.) Aggrieved by the same, the plaintiff has filed an appeal in A.S.No.70 of 1999 on the file of the Principal District Judge, Salem as indigent person. The learned Principal District Judge, Salem, by the judgment and decree dated 29.04.1999 has dismissed the said appeal with costs confirming the judgment and decree passed by the trial court. He also directed the plaintiff to pay the court fees to the Government. Feeling aggrieved, the plaintiff has preferred the present second appeal.