MAYILSAMY GOUNDER Vs. ELLAPPAN

JUDGEMENT

(1.) Aggrieved over the concurrent findings made in O.S.No.1078 of 1992 and in A.S.No.56 of 1997, the appellant herein, who is the defendant in the Suit, preferred this Second Appeal and prayed to set aside the Judgment rendered by the Courts below.

(2.) Before the trial Court, the respondent herein filed a suit and seeks the relief to declare that he is entitled to the suit properties. Consequently, he prayed to the relief to restrain the defendant from in any way interfering with the possession of the suit property, by restoring for delivery through Court in E.A.No.401 of 1992 in E.P.No.552 of 1988 or otherwise and for respective costs.

(3.) By Judgment and Decree, dated 04.07.1997, the learned District Munsif, Palani, allowed the Suit and granted Decree in favour of the plaintiff, for the prayer sought for by the plaintiff. Aggrieved over the said findings, the appellant herein preferred an appeal in A.S.No. 56 of 1997, on the file of Sub Court, Palani. By Judgment and Decree, dated 29.01.1999, the learned Subordinate Judge, Palani, had dismissed the appeal after confirming the findings arrived at by the District Munsif, Palani. Feeling aggrieved over the same, the appellant, being the appellant in the First Appeal, preferred this Second Appeal.