PERIASWAMY PANDARAM Vs. THANGAMMAL

JUDGEMENT

(1.) The second appeal is preferred against the judgment and decree, dated 22.02.1999 passed in A.S. No. 106 of 1996 on the file of the Subordinate Court, Tenkasi reversing the judgment and decree, dated 05.07.1996 made in O.S. No. 4 of 1994 on the file of the District Munsif Court, Shencottai.

(2.) The appellant herein was the defendant in the suit. The respondent, as plaintiff had filed the suit against the appellant herein seeking the relief of declaration of title, permanent injunction and also mandatory injunction. According to the respondent/plaintiff, the suit property is the absolute property of the respondent, in view of the sale deed dated 19.06.1986 executed by one Lakshmiammal and others in respect of the first item of the suit property and the sale deed, dated 05.12.1988 executed by one Chokalinga Devar in respect of the second item of the property.

(3.) The trial court, considering the oral and documentary evidence and also the arguments advanced by both sides, dismissed the suit filed in O.S. No. 4 of 1994 and O.S. No. 120 of 1994 by a common judgement, dated 05.07.1996. Aggrieved by which, appeals in A.S. No. 106 of 1996 and A.S. No. 4 of 1997 were preferred. The first appellate Court allowed the appeal in A.S. No. 106 of 1996 and set aside the judgment and decree in O.S. No. 4 of 1994. However, the appeal in A.S. No. 4 of 1997 was dismissed, confirming the judgment and decree passed in O.S. No. 120 of 1994. The second appeal has been preferred against the judgment and decree passed in A.S. No. 106 of 1996 on the file of the Court below.