THANGAVEL Vs. DHARMALINGAM

JUDGEMENT

(1.) THIS second appeal is focussed by the plaintiff, animadverting upon the judgement and decree dated 15. 3. 2004 passed in A. S. No. 253 of 2002 by the District Judge,perambulur, confirming the judgement and decree dated 31. 7. 1997 passed by the District Munsif, Perambulur, in O. S. No. 321 of 1993, which was filed for declaration and permanent injunction. For the sake of convenience, the parties are referred to hereunder according to their letigative status before the trial Court.

(2.) A summation and summarisation of the relevant facts, which are absolutely necessary and germane for the disposal of this second appeal, would run thus: the appellant/plaintiff filed the suit O. S. No. 321 of 1993 as against the defendants, seeking the following relief: "to declare the title of the plaintiff to the suit properties and as a consequential relief of permanent injunction from in any manner interfering with the plaintiff's peaceful possession and enjoyment of the suit properties at any time and in any manner. " (extracted as given in the plaint)The first defendant entered appearance and filed the written statement.

(3.) THE trial Court framed the relevant issues. During enquiry, the plaintiff examined himself as P. W. 1 along with one Kannan as P. W. 2 and Exs. A1 and A28 were marked. On the defendants' side the first defendant examined himself as D. W. 1 along with one Muthu as D. W. 2 and Ex. B1 to B. 23 were marked.