GOVINDASWAMI PILLAI Vs. MANORANJITHAM AMMAL

JUDGEMENT

(1.) The defendant is the appellant. The respondents 1 and 2 instituted the suit O.S. No. 32 of 1981 on the file of the Sub-Court, Chidambaram against the appellant herein for recovery of possession of four items of suit properties, for recovery of Rs. 9,000/- towards past mesne profits and for future mesne profits.

(2.) The Trial Court dismissed the suit in respect of the suit Items 1 and 2 and decreed the suit in respect of the suit Items 3 and 4, besides relegated the parties for ascertainment of mesne profits under Order 20, Rule 1, Civil Procedure Code. The respondents preferred A.S. No. 167 of 1983 on the file of the District Court, South Arcot at Cuddalore. The appellant herein preferred cross-objections. The first Appellate Court allowed the appeal and granted a decree as prayed for possession in respect of the four items and relegated the claim of mesne profits by proceedings under Oder 20, Rule 12, Civil Procedure Code.

(3.) Being aggrieved, the defendant has preferred this second appeal. For convenience, the parties will be referred to as arrayed in the Trial Court.