MARAYAMMAL Vs. CHINNAMMAL

JUDGEMENT

(1.) The plaintiff in O.S. No. 628 of 1992 on the file of the First Additional District Munsif Court, Erode, is the appellant herein.

(2.) O.S. No. 628 of 1992 had been filed by the plaintiff, Marayammal against the defendant Veerappan, seeking a Judgment and Decree for declaration that the plaintiff is the absolute owner of the suit property and for permanent injunction restraining the defendant from trespassing into the suit property or interfering with peaceful possession. By Judgment and Decree dated 16.09.1999, the suit was dismissed. The plaintiff then filed A.S. No. 266 of 1999 before the Principal District Court, Erode. By Judgment and Decree dated 03.07.2000, the appeal was also dismissed. Challenging that Judgment, the plaintiff had filed the present Second Appeal. It must be mentioned that pending the suit, the defendant Veerappan died and his legal representatives had been brought on record as second to fourth defendants. They are the second to fourth respondents in the present Second Appeal.

(3.) The Second Appeal had been admitted on the following substantial question of law:- "Whether the findings of the Courts below regarding the right of the plaintiff in the suit property are vitiated by perversity?" O.S. No. 628 of 1992 (I Additional Dsitrict Munsif Court, Erode):