GANESAN Vs. CUDDALORE MUNICIPALITY

JUDGEMENT

(1.) This Second Appeal has been filed by the appellant against the judgment and decree passed by the Principal District Judge, Cuddalore, in A.S.No.72 of 2000 dated 05.07.2001 confirming the judgment and decree passed by the Principal District Munsif, Cuddalore, in O.S.No.277 of 1998 dated 14.06.2000.

(2.) The appellant herein has filed a suit in O.S.No.277 of 1998 on the file of the Principal District Munsif, Cuddalore, to declare his title to the suit property and to restrain the defendant by means of permanent injunction from interfering with his peaceful possession and enjoyment of the suit property. The learned District Munsif by the judgment and decree dated 14.06.2000 has dismissed the said suit. Aggrieved by the same, the plaintiff has filed an appeal in A.S.No.72 of 2000 on the file of the Principal District Judge, Cuddalore. The learned Principal District Judge, Cuddalore, by the judgment and decree dated 05.07.2001 has dismissed the said appeal confirming the judgment and decree passed by the trial court. Feeling aggrieved, 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 plaint are, in brief, as follows: