A DURAIKANNU PADAYACHI Vs. MANI PADAYACHI

JUDGEMENT

(1.) This second appeal has been filed by the plaintiff against the Judgment and decree passed by the Sub-Judge, Cuddalore, in A.S.No.6 of 1998 dated 17.11.1998 confirming the Judgment and decree passed by the District Munsif, Cuddalore, in O.S.No.429 of 1992 dated 15.10.1997.

(2.) The appellant herein has originally filed a suit in O.S.No.429 of 1992 on the file of the District Munsif, Cuddalore, to declare his title to the suit 'A' and 'B' schedule properties and to restrain the defendant, his men, etc., by means of permanent injunction from interfering with his peaceful possession of the suit properties. Subsequently, he amended the plaint to deliver vacant possession of the suit properties and for future mesne profits. The learned District Munsif by the Judgment dated 15.10.1997, had dismissed the said suit. Aggrieved by the same, the plaintiff has filed an appeal in A.S.No.6 of 1998 on the file of the Sub Judge, Cuddalore. The learned Special Judge, Cuddaore, has dismissed the said appeal confirming the Judgment and decree passed by the Trial Court. As against 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 amended plaint are, in brief, as follows: