R.SANGU ALIAS SANGU PILLAI Vs. VANNICHI AMMAL

JUDGEMENT

(1.) The appellant is the plaintiff in O.S.No.317 of 1995 on the file of the District Munsif Court, Madurai Taluk. He has filed the suit as against the respondents for the relief of declaration, declaring that the suit properties are the absolute properties of the plaintiff and consequently, for an order of permanent injunction, restraining the defendants and their men from interfering with the plaintiff's peaceful possession and enjoyment of the suit property. He has further prayed for an order of mandatory injunction, directing the defendants to leave the pial situated in item No.2(i) of the suit properties as item 2(ii) of the suit properties to its original condition and to remove the obstruction of iron wire fencing put up by them and for cost. The learned District Munsif, Madurai Taluk, in his judgment and decree dtd. 30/6/1997, had allowed the suit and granted the decree for the relief of declaration and consequential injunction in respect to 1st and 3rd items of the suit properties. In respect to the suit second item of the property, the suit filed by the plaintiff was dismissed.

(2.) Aggrieved over the said findings, the plaintiff preferred an appeal in A.S.No.109 of 1997 on the file of the learned Third Additional District Judge, Madurai. The learned Third Additional District Judge, Madurai, by judgment and decree dtd. 27/10/1999, had dismissed the appeal and confirmed the judgment rendered by the trial Court. Feeling aggrieved over the same, the appellant/plaintiff is before this Court, with the present second appeal.

(3.) For the sake of convenience, the parties are referred to as, as described by the trial Court.