LAKSHMI Vs. NACHAMMAL

JUDGEMENT

(1.) This Second Appeal has been filed by the defendant against the judgment and decree passed by the learned Subordinate Judge, Bhavani in A.S.No.32 of 1999, dated 20.07.1999, reversing the judgment and decree passed in O.S.No.536 of 1996, on the file of the Principal District Munsif Court, Bhavani, dated 24.11.1998.

(2.) The respondents herein have filed a suit in O.S.No.536 of 1996, on the file of the Principal District Munsif Court, Bhavani for declaration of title and for permanent injunction. The learned District Munsif has dismissed the said suit by the judgment dated 24.11.1998. As against the said judgment and decree, the respondents herein have filed an appeal in A.S.No.32 of 1999 before the Subordinate Judge, Bhavani. The learned Subordinate Judge, by his judgment dated 20.07.1999 has allowed the said appeal and decreed the suit as prayed for. Challenging the said judgment and decree, the defendant 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:-