V. CHELLAPPAN Vs. V.ANNADURAI

JUDGEMENT

(1.) This Second Appeal is filed against the Judgment and Decree dated 07.08.2007 in A.S.No.79 of 2006 on the file of the Second Additional Subordinate Judge, Tiruchirappali.

(2.) The appellant herein filed a suit in O.S.No.671 of 1996 on the file of District Munsif cum Judicial Magistrate, Lalgudi, seeking for the relief of declaration, declaring that he is the absolute owner of the suit properties and for the relief of recovery of possession of the suit properties, which are now in the hands of the defendants/respondents and also for the relief of future profits from the date of plaint till the date of realization of suit properties. The learned District Munsif cum Judicial Magistrate, Lalgudi, by Judgment and Decree dated 29.11.2005 allowed the suit in part, declaring that the plaintiff is the absolute owner of the suit properties, but, negatived the suit in respect of the relief of recovery of possession and future profits.

(3.) Aggrieved by the same, the appellant herein filed an appeal before the Second Additional Subordinate Court, Tiruchirapalli, in A.S.No.79 of 2006. The learned Second Additional Subordinate Judge, Tiruchirappali, by Judgment and Decree dated 07.08.2007, had partly allowed the said appeal, confirming the grant of relief of declaration, but, modifying the Judgment and Decree dated 29.11.2005, passed by the Trial Court in granting the relief of recovery of possession in respect of Item No.2 of the suit schedule properties and directed the first defendant to hand over the possession of item No.2 of the suit schedule properties to the plaintiff.