NARAYANASWAMY Vs. RAMAN

JUDGEMENT

(1.) 1. The defendant in O.S.No.1083 of 1981 on the file of the District Munsif Court, Perambalur, who had been unsuccessful before the two courts below is the appellant. This appeal has been directed against the judgment and decree of the learned Subordinate Judge, Ariyalur made in A.S.No.112 of 1984 in confirming the judgment and decree of the District Munsif Court, Perambalur, dated 30.4.1983 made in O.S.No.1083 of 1981.

(2.) AT the time of admission, the following substantial question of law was framed by this Court. ?Whether the construction placed by the courts below on Exs.B-2 and B-3 is correcte?

(3.) BEFORE the trial court, the plaintiff marked Exs.A-1 to A-47, while the defendant marked Exs.B-1 to B-11. A Commissioner was appointed, whose report and plan were marked as Exs.C-1 and C-2. The plaintiff had examined himself, besides one Sadasivam as P.W.2 while the defendant examined himself besides three other witness. The trial court decreed the suit. On appeal by the defendant, the first appellate court had confirmed the judgment and decree of the trial court. Being aggrieved, the present Second Appeal has been preferred.