CHINNAKANNU DIED Vs. ATHAL

JUDGEMENT

(1.) THE plaintiff is the appellant herein. THE plaintiff filed a suit in O.S. No. 149 of 1983 on the file of the District Munsif s Court, Pattukottai for permanent injunction as against the defendants, the respondents herein, in respect of 12 items of the properties.

(2.) THE trial Court decreed the suit only in respect of 4 items. Challenging the said decree, the defendants, the respondents herein filed an appeal in A.S. No. 45 of 1986 on the file of Sub Court, Pattukottai. THE lower Appellate Court partly allowed the appeal and set aside the decree in respect of 4 items in favour of the plaintiff and held that the plaintiff would be entitled to the decree only in respect of 2 items. As against this judgment and decree passed by the lower Appellate Court, the plaintiff has filed this Second Appeal before this Court seeking for the relief of permanent injunction in respect of all the items of the suit properties.

(3.) THE defendants, the respondents herein, on aggrieved over the decree passed by the trial Court, filed an appeal before the lower Appellate Court in respect of items 10 and 11 alone. During the pendency of the appeal, the plaintiff filed cross-objection requesting to pass a decree in his favour in regard to all the suit items.