L PUSHPALINGAM Vs. R ARUMUGAM

JUDGEMENT

(1.) THE respondent in both the second appeals, namely, Arumugam, as plaintiff, filed the original suit, initially for declaration, so as to get declared that he was entitled to 5 cents of land. But, subsequently, the plaint got amended so as to get declared that the plaintiff was entitled to an extent of 5.75 cents of land.

(2.) THE trial Court decreed the suit partly by declaring that the plaintiff was entitled to an extent of 5 cents of land in the "A" scheduled property and also ordered injunction in respect of the entire "A" scheduled property and dismissed the suit in respect of the rest of the prayer, which was one for recovery of possession of the "B" scheduled property measuring an extent of 0.75 cents of land.

(3.) AFTER hearing for some time the arguments on both sides, this Court felt that with the consent of both sides, both these matters could be disposed of finally by framing the following substantial questions of law. 1. Whether the First Appellate Court was justified in giving a finding that plaintiff is entitled to 5.75 cents as against 5 cents of land contemplated in Ex.A3" 2. Whether the First Appellate Court correctly understood the concept burden of proof and applied the same in adjudging the appeals" 3. Whether the plaintiff's plea that the defendant is not entitled to S.No.54 and therefore the defendant was not justified in taking defence as against the plaintiff was correctly appreciated by the First Appellate Court" 4. Whether the judgements of both the Courts below are fraught with perversity" Heard both sides on these substantial questions of law.