CHINNAPPAN Vs. PALANIYANDI

JUDGEMENT

(1.) Both the Second Appeals are directed against the Judgment and Decree passed in A.S.No.89 of 1993, on the file of the learned Subordinate Judge, Pudukkottai.

(2.) Originally, the plaintiff has filed a Suit before the learned District Munsif at Pudukkottai in O.S.No.398 of 1987 and seeking the relief of declaration, declaring that the plaintiff is the absolute owner of the suit schedule property and for the relief of injunction restraining the 1st and 2nd respondents in interfering with his peaceful possession and enjoyment of the suit property.

(3.) The learned Principal District Munsif, Pudukkottai, by Judgment and Decree, dated 23.09.1992, declared that the plaintiff is the absolute owner of plaint 'A' schedule property and he has dismissed the Suit in respect to plaint 'B' schedule property. Aggrieved over the said findings, the defendants 1 and 2 / respondents 1 and 2 herein filed an appeal in A.S.No.89 of 1993, on the file of the learned Subordinate Judge, Pudukkottai, praying to set aside the findings arrived at by the learned trial Judge, in respect to suit 'A' schedule property. Similarly, the plaintiff herein filed a cross appeal in A.S.No.89 of 1993 to set aside the findings arrived at by the trial Court in respect to 'B' schedule property.