JUDGEMENT
Arijit Pasayat, J. -
(1.)These two appeals are directed against the orders of a learned Single Judge of the Madras High Court. A Second Appeal was dismissed and the review petition filed was also dismissed.
(2.)Learned Single Judge of the Madras High Court dismissed the Second Appeal filed by the appellants under Section 100 of the Code of Civil Procedure, 1908 (in short the CPC). The Second Appeal was filed by the defendants 1 to 3 i.e. the present appellants against the judgment and decree made in A.S. No.2 of 1993 on the file of Subordinate Judge, Periakulam confirming the judgment and decree dated 18.3.1992 made in O.S. No.597 of 1982 on the file of District Munsif Court, Periakulam. The respondent in the Second Appeal filed the suit for possession of the suit property as well as the recovery of arrears of rent and damages. The learned District Munsif, Periakulam, on consideration of the facts decreed the suit. Aggrieved by the said judgment and decree, the appellants herein preferred an appeal before the Sub Court, Periakulam. The learned Sub Judge also confirmed the findings of the learned District Munsif and dismissed the appeal. A Second Appeal was filed before the High Court.
(3.)At the time of admission of the Second Appeal the following question was framed for determination:
Whether the lower appellate court is correct in deciding the appeal without any points for determination as contemplated under Order 41 Rule 31 of CPC
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.