NEELA PILLAI Vs. M. SUBRAMONIA PILLAI

JUDGEMENT

(1.) THIS second appeal has been preferred against the judgment and decree, dated 29.11.1999 made in A.S.No.34 of 1997 on the file of the Principal Subordinate Judge, Nagercoil, reversing the judgment and decree, dated 3.7.1996 in O.S.No.1029 of 1993 on the file of the Principal District Munsif, Nagercoil.

(2.) THE appellant herein is the defendant in the suit. It is seen that the suit was originally filed by the plaintiff, late Thiruvu Pillai, sister of the appellant against the appellant, seeking declaration of title, recovery of possession and other consequential relief, relating to the suit property.

(3.) AFTER the trial, by judgment and decree, dated 3.7.1996, the suit was dismissed by the trial Court. Aggrieved by which, appeal was preferred by the respondents herein, being the legal representatives of the plaintiff, since the plaintiff was reported dead, by impleading them as appellants. By judgment and decree, dated 29.11.1999, the appeal in A.S.No.34 of 1997 was allowed, whereby the judgment and decree passed by the trial Court was set aside and the first appellate Court granted relief of declaration, mandatory injunction and other relief as prayed for by the respondents herein. Aggrieved by which, this second appeal has been preferred by the appellant herein, who was the defendant in the suit.