RAJAGOPAL Vs. PARTHASARATHY

JUDGEMENT

(1.) This second appeal has been filed by the defendants against the judgment and decree passed by the Principal District Judge, Thiruvannamalai in A.S. No. 121 of 1999 dtd. 8/12/2000 reversing the judgment and decree passed by the Additional District Munsif, No. II, Thiruvannamalai in O.S. No. 409 of 1987 dtd. 29/7/1999. The first respondent herein had filed a suit in O.S. No. 409 of 1987 on the file of the Additional District Munsif, No. II, Thiruvannamalai to declare his title over the suit property and to grant a permanent injunction restraining the defendants, their men, etc., from in any manner interfering with his peaceful possession and enjoyment of the suit property. The learned Additional District Munsif No. 2, Thiruvannamalai, by the judgment dtd. 29/7/1999 had dismissed the said suit with costs. Aggrieved by the same, the plaintiff had filed an appeal in A.S. No. 121 of 1999 on the file of the Principal District Judge, Thiruvannamalai. He also filed an application in I.A. 110 of 2010 under Order 41 Rule 27 CPC to receive certain documents as additional evidence. The learned Principal District Judge, Thiruvannamalai by the order and judgment dtd. 8/12/2000 had allowed the application in I.A. No. 110 of 2000 and marked Exs. A16 to A30. Finally the learned Principal District Judge, Thiruvannamalai had allowed the said appeal with costs and set aside the judgment and decree passed by the trial court and decreed the suit as' prayed for with costs Feeling aggrieved, the defendants 3, 6, 10 to 15 and the legal representatives of the fourth defendant have filed the present second appeal.

(2.) For the sake of convenience, the parties are referred to as described before the trial court.

(3.) The averments made in the plaint are in brief as follows: