LAWS(MAD)-1999-10-52

M SUNDARARAJU Vs. S PERIASAMI

Decided On October 06, 1999
M. SUNDARARAJU Appellant
V/S
S. PERIASAMI Respondents

JUDGEMENT

(1.) M. Sundararaju, the plaintiff, is the appellant herein. S. Periasami, the defendant, is the respondent herein.

(2.) THE plaintiff filed a suit in O.S. No. 1372 of 1983 on the file of the District Munsif, Trichirapalli for a permanent injunction, restraining the respondent/defendant from interfering with his possession and enjoyment of the suit properties.

(3.) AGGRIEVED against the judgment and decree of the trial Court, the respondent herein filed an appeal in A.S. No. 34 of 1986, before the II Additional Judge, Trichirapalli. During the pendency of the appeal, the respondent filed an I.A. No. 1043 of 1986 for reception of additional document and sought to mark a certified copy of "Thandal Extract" in respect of the items of the suit property for Faslis 1384 to 1391. The said petition was allowed and the document was marked as Ex. B9. Thereafter, the lower Appellate Court, after hearing the parties and on considering the records, allowed the appeal and dismissed the suit filed by the plaintiff/appellant. Hence, the present Second Appeal.