GANESAN Vs. KATHIRESAN

JUDGEMENT

(1.) This second appeal had been filed as against the judgment and decree in A.S.No.52 of 1999 on the file of the learned Subordinate Judge, Sivagangai District, dated 10.07.2001, in reversing the judgment and decree dated 1.02.1999 in O.S.No.207 of 1994 on the file of the learned District Munsif, Manamadurai, who had decreed the suit.

(2.) The plaintiff in O.S.No.207 of 1994 is the appellant. During the second appeal proceedings, the plaintiff died and his legal heirs have been brought on record consequent to the order dated 202008 made in M.P.(MD) Nos.1 to 3 of 2007. In the suit, there were six defendants. The sixth defendant was the Government of Tamil Nadu represented by the District Collector, Sivagangai District. No specific relief was sought against the sixth defendant.

(3.) The suit had been filed seeking declaration of title and consequential injunction from interfering with the plaintiff's possession. The suit property was vacant land situated at Thondaiyur Village, Ilayankudi, Sivagangai District in S.No.1/3A measuring 0.59.0 hectares or 1.47 acres.