K.S.SIVATHIAKANI Vs. R.P.ARUNACHALA PANDIAN

JUDGEMENT

(1.) The respondent in A.S.No.44 of 2006 has filed this second appeal seeking for the relief to set aside the judgment and decree passed by the learned Principal Subordinate Judge, Tenkasi.

(2.) In earlier, the first appellant filed a suit against the respondents in O.S.No.101 of 2002 on the file of the learned Additional District Munsif, Tenkasi. In the said suit, the plaintiff sought for the relief of declaration, declaring that the first appellant/plaintiff is the owner of the suit second item of the property. Along with the said prayer, the first appellant/plaintiff also prayed for the relief of injunction restraining the respondents in demolishing the construction made by the appellant in the second item of the property. Further for the relief of mandatory injunction to restore the actual construction made by the plaintiff. By judgment and decree dtd. 26/11/2004, the learned Additional District Munsif, Tenkasi decreed the suit with compensatory cost of Rs.3,000.00. Aggrieved over the said findings, the respondents/defendants in this appeal preferred an appeal before the Principal Sub Court, Tenkasi in A.S.No.44 of 2006 for the relief to set aside the judgment and decree passed by the learned Additional District Munsif, Tenkasi. After elaborate enquiry, by judgment and decree, dtd. 27/11/2006, the learned Principal Subordinate Judge, Tenkasi had allowed the appeal and dismissed the suit with respective cost. Feeling aggrieved by the same, the first appellant/plaintiff has filed the present Second Appeal.

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