NATARAJAN Vs. M.RAVI

JUDGEMENT

(1.) The defendant in O.S.No.900 of 1995 on the file of the II Additional Subordinate Court, Trichy, is the appellant herein.

(2.) O.S.No.900 of 1995 had been filed by two plaintiffs, M.Ravi and Jayashree, who are siblings. The second plaintiff was a minor, at the time of institution of the suit. They filed the suit against the defendant, Natarajan, seeking a judgment and decree declaring that they are the owners of the suit schedule property and for consequential relief of recovery of possession and also for a direction against him to pay Rs.18,000/- as past mesne profit for 3 years and for a further direction against him to pay future mesne profit till the delivery of possession and also for costs of the suit.

(3.) The suit was originally filed in forma pauperis. The suit property was plot No.C/12 in T.S.No.754, Ranganathar Cooperative Colony, Srirangam, Trichy measuring an extent of 4576 sq.ft together building measuring an extent of 600 sq.ft. This suit came up for consideration before the II Additional Subordinate Court, Trichy and by judgment dated 15.09.2003, the suit was decreed with costs. Challenging the said judgment, the present first appeal had been filed. Even during the pendency of the suit, the second plaintiff had attained the age of majority and was declared as major. Pending the first appeal, she died and her legal heirs were brought on record as 3rd to 5th respondents. O.S.No.900 of 1995 (II Additional Subordinate Court, Trichy):-