RAGAVARAJ @ RAJKUMAR Vs. KANNIYARAJ

JUDGEMENT

(1.) This second appeal has been filed by the plaintiff against the judgment and decree passed by the learned Sub-Judge, Kallakurichi in A.S.No.40 of 1997 dated 26.08.1999 confirming the judgment and decree passed by the learned Additional District Munsif, Kallakurichi in O.S.No.379 of 1990 dated 24.07.1995.

(2.) The appellant herein has filed a suit in O.S.No.379 of 1990 on the file of the Additional District Munsif, Kallakurichi, seeking declaration of title over the suit property and for delivery of possession of the suit property and also for mense profits. The learned Additional District Munsif, Kallakurichi, by the judgment dated 24.07.1995, has dismissed the said suit. As against the same, the appellant herein has filed an appeal in A.S.No.40 of 1997 on the file of the Sub-Judge, Kallakurichi, and the same was dismissed on 26.08.1999. Aggrieved by the same, 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:-