M AJJAN Vs. A DEVARAJAN

JUDGEMENT

(1.) This second appeal has been filed by the plaintiff against the judgment and decree passed by the District Judge, Uthagamandalam in A.S.No.17 of 2000 dated 03.07.2001 modifying the judgment and decree passed by the District Munsif, Kotagiri in O.S.No.50 of 1995 dated 23.06.2000.

(2.) The appellant herein had filed a suit in O.S.No.50 of 1995 on the file of District Munsif, Kothagiri to declare that he is the absolute owner of the suit property and consequently to restrain the respondents hererin from interfering with his possession and enjoyment of the suit properties. The learned District Munsif, by his judgment dated 23.06.2000 had decreed the suit as prayed for.

(3.) Feeling aggrieved, the first respondent herein filed an appeal in A.S.No.17 of 2000 on the file of the District Judge, Uthagamandalam. The learned District Judge by his judgment, dated 007.2001 has allowed the said appeal and set aside the judgment and decree passed by the Trial Court in O.S.No.50 of 1995 and modified the same to the effect that the plaintiff is at liberty to enjoy the suit properties without making any encumbrance. Feeling aggrieved, the plaintiff has filed the present second appeal.