KALIYAPERUMAL (DECEASED) Vs. VADIVEL PADAYACHI

JUDGEMENT

(1.) This second appeal has been filed by the legal representatives of the original plaintiff viz., Kasiammal against the judgment and decree passed by the Sub-Judge, Panruti in A.S.No.115 of 1996 dated 27.10.1999 reversing the judgment and decree passed by the District Munsif, Panruti in O.S.No.319 of 1992 dated 31.01.1996.

(2.) The original plaintiff viz., Kasiammal had filed a suit in O.S.No.319 of 1992 on the file of the District Munsif, Panruti, to declare her title over the suit property and for permanent injunction restraining the defendants from interfering with her peaceful possession and enjoyment of the suit property. The learned District Munsif by the judgment dated 31.01.1996 has decreed the suit as prayed for without costs. Aggrieved by the same, the defendants 1 and 2 have filed an appeal in A.S.No.115 of 1996 on the file of the Sub-Judge, Panruti. During pendency of the said appeal, the original plaintiff Kasiammal died and her legal representative has been impleaded as third respondent. The learned Sub-Judge, Panruti by the judgment dated 27.10.1999 has allowed the said appeal with costs and set aside the judgment and decree passed by the trial court and dismissed the suit with costs. Feeling aggrieved, the legal representative of the original plaintiff, Kasiammal has filed the present second appeal.

(3.) During pendency of this second appeal, the sole appellant died and his legal representatives have been impleaded as appellants 2 to 6. For the sake of convenience, the parties are referred to as described before the trial court.