SOMASUNDARAM Vs. DURAI SINGH

JUDGEMENT

(1.) The averments in the plaint is as follows:

(2.) The gist and essence of written statement filed by the defendant is as follows:

(3.) The District Munsif, Aranthangi, after considering the averments both in the plaint and in the written statement framed issues and after considering the oral evidence of P.W.1 to P.W.3 and D.W.1 to D.W.5 and documents marked under Ex.A1 to Ex.A30, ExB1 to Ex.B26 and Ex.X1 and Ex.X2, Ex.C1 to Ex.C3, suit was decreed. Against that Appeal in A.S. No. 18 of 1996 was filed and that appeal has been remanded back to the trial court. After that the trial court has recasted issue No. 1 to 5 and considering the oral evidence of P.W.1 to P.W.4, D.W.1 to D.W.6 and documents marked under Ex.A1 to A32 and Ex.B1 to Ex.B27 and Ex.X1 to Ex.X4 and Ex.C1 to Ex.C3 and decreed the suit and granted injunction only in respect of western 62 cents, and in respect of 86 cents, the suit has been dismissed. Against that the plaintiff and defendant preferred two appeals in A.S. Nos. 110 of 1999 and 111 of 1999 and the first appellate court after considering the arguments made by both sides, dismissed the appeals and confirmed the judgment and decree of the trial court. Against that, the plaintiff has preferred a Second Appeal in S.A. No. 330 of 2003 and the second defendant has preferred a Second Appeal in S.A. No. 1059 of 2001.