RAMAKRISHNAN Vs. VADIVEL

JUDGEMENT

(1.) As against the concurrent findings, the appellant/defendant has filed the present second appeal.

(2.) For the sake of convenience, the defendants 1 to 3 are hereinafter referred to as 'appellants' and the plaintiff is referred to as the 'respondent' and the defendants 4 to 6 as 'tenants'. The second defendant/appellant has filed the second appeal before this court.

(3.) The plaintiff has filed a suit for partition and separate possession and also for the payment of compensation towards loss in revenue. The suit has been decreed in favour of the plaintiff and the defendant/appellant preferred a suit to be heard along with O.S.No.488/1986 and the common evidence was recorded for both the suits and after perusal, common documents were marked in the suits. After trial, the suit was decreed in favour of the respondent/plaintiff with regard to the partition. However, the lower court has rejected the future mesne profits. Aggrieved by the same, the defendant/appellant has preferred an appeal before the lower appellate court wherein the order of the lower court was confirmed. As against the concurrent findings, the defendant/appellant is before this court by way of the present second appeal.