EASWARAMOORTHY Vs. LAKSHMI

JUDGEMENT

(1.) This Second Appeal has been filed by the plaintiff against the judgment and decree passed by the Principal District Judge, Erode, in A.S.No.210 of 1999 dated 27.01.2000 confirming the judgment and decree passed by the District Munsif-cum-Judicial Magistrate, Perundurai, in O.S.No.414 of 1996 dated 19.07.1999.

(2.) The appellant herein had filed a suit in O.S.No.414 of 1996 on the file of the District Munsif-cum-Judicial Magistrate, Perundurai, to declare that the suit property absolutely belongs to him and to restrain the defendant from interfering with his peaceful possession and enjoyment of the suit property. The learned District Munsif-cum- Judicial Magistrate, Perundurai, by the judgment and decree dated 19.07.1999 had dismissed the said suit without costs. Aggrieved by the same, the plaintiff had filed an appeal in A.S.No.210 of 1999 on the file of the Principal District Judge, Erode. The learned Principal District Judge, Erode, by the judgment dated 27.01.2000 had dismissed the said appeal with costs confirming the judgment and decree passed by the trial Court. Feeling aggrieved, the plaintiff has filed the present second appeal. 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: