GOWRAMMAL Vs. KASTHURI

JUDGEMENT

(1.) The plaintiff in O.S.No. 10 of 1995 on the file of the District Munsif Court, Uthangarai, is the appellant herein.

(2.) O.S.No. 10 of 1995 had been filed by the plaintiff Gowrammal against two defendants Kasthuri and Rajeswari seeking a Judgment and Decree for a direction against the defendants to execute a sale deed in favour of the plaintiff and in default, for execution of the sale deed through Court and for a permanent injunction restraining the defendants from trespassing into the suit schedule property and if the Court finds that possession is with the defendants, for recovery of possession, and also for payment of costs of the suit.

(3.) This suit came up for consideration on 23.12.1996 and by Judgment and Decree of even date, the learned District Munsif, Uthangarai, decreed the suit. Challenging that Decree and Judgment, the second defendant Kasthuri filed A.S.No. 8 of 1997 before the First Additional District Court / Chief Judicial Magistrate, Krishnagiri. By Judgment and Decree dated 05.03.1998, A.S.No. 8 of 1997 was allowed and the Judgment and Decree in O.S.No. 10 of 1995was set aside. The plaintiff then filed the present Second Appeal challenging the said Judgment.