VELLIKANNAN (DECEASED) Vs. KUPPAMMAL

JUDGEMENT

(1.) This second appeal has been filed by the defendants against the judgment and decree passed by the Additional District Judge, Tiruvannamalai in A.S.No.23 of 2000 and A.S.No.30 of 2000 dated 12.04.2000.

(2.) One Chinnakuzhandhai Ammal had filed a suit in O.S.No.917 of 1991 on the file of the District Munsif, Arni, to declare her title over the suit property and to restrain the defendants by means of permanent injunction from interfering with her peaceful possession and enjoyment of the suit property. During pendency of the said suit, the said Chinnakuzhandhai Ammal died and hence her legal representatives have been impleaded as plaintiff Nos.2 to 4. The learned District Munsif by the judgment dated 29.04.1997 has decreed the suit partly. He granted decree for declaration of plaintiff's title in respect of the land situated in S.No.27/5 measuring about 24 cents. He also granted decree for permanent injunction restraining the defendants from interfering with the plaintiff's enjoyment in respect of the trees situated on the A-C line as mentioned in Exs.C4 and C5. However, he dismissed the suit in respect of the trees situated on A-B line as mentioned in Ex.C4 and C5. He directed the parties to bear their respective costs.

(3.) The plaintiffs have filed an appeal in A.S.No.23 of 2000 on the file of the Additional District Judge, Tiruvannamalai, as against the disallowed portion of the prayer in the suit. The defendants have filed an appeal in A.S.No.30 of 2000 on the file of the Additional District Judge, Tiruvannamalai as against the decree granted in favour of the plaintiffs. The learned Additional District Judge, Tiruvannamalai by the common judgment dated 12.04.2000 has allowed the appeal in A.S.No.23 of 2000 without costs and decreed the suit as prayed for without costs. However, she dismissed the appeal in A.S.No.30 of 2000 without costs which was filed by the defendants. Feeling aggrieved, the defendants have filed the present second appeal. For the sake of convenience, the parties are referred to as described before the trial court.