RAMACHANDRAN Vs. GOVINDASAMY

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree passed by the First Appellate Court made in A.S.No.22 of 2003 dated 29.4.2004 in setting aside the judgment and decree passed by the trial Court by reversing its findings made in O.S.No.598 of 2000 dated 27.8.2000, a suit filed by the plaintiff seeking for the relief of declaration of their title and permanent injunction in respect of item-1 and recovery of possession in respect of item-1 and recovery of possession in respect of item?2 and for the relief of ascertainment of mense profits and to pass decree thereon.

(2.) THE first plaintiff is the appellant and the defendants and the second plaintiff are added as respondents 1 and 2 and on the death of the first respondent, his legal representatives were impleaded as respondents 3 and 4 in the appeal.

(3.) THE trial court had framed necessary issues on the basis of the pleadings and entered trial. After appraisal of the oral and documentary evidence, the trial court had decreed the suit filed by the plaintiff as prayed for without costs. Aggrieved upon the judgment and decree passed by the trial court, the defendant preferred the appeal before the First Appellate Court in A.S.No.22 of 2003 . THE lower Appellate Court heard the arguments of both sides and had come to the conclusion of allowing the appeal after setting aside the judgment and decree passed by the trial court. THE suit filed by the plaintiff was consequently dismissed.