LAWS(MAD)-1999-2-128

DHANU PANDARAM Vs. KALI PANDARAM

Decided On February 25, 1999
DHANU PANDARAM Appellant
V/S
KALI PANDARAM Respondents

JUDGEMENT

(1.) 1. The plaintiff, who had succeeded before the trial court and lost before the first appellate court is the appellant in this second appeal. This appeal is directed against the judgment and decree of the learned Additional Subordinate Judge of Tuticorin made in A.S.No.59 of 1985 in reversing the judgment of the learned District Munsif, Srivaikundam made in O.S.No.350 of 1980.

(2.) HEARD Mr.R.Dhamodaran for the appellant and Mr.P.Peppin Fernando for the respondent.

(3.) THE suit was resisted by the defendant contending that the second schedule is his exclusive property and that the plaintiff is not entitled to the relief of declaration, must less the easementary right prayed for by him.