REVATHI Vs. NANAMMAL

JUDGEMENT

(1.) The second appeal in S.A. No. 729 of 2005 has been directed against the Judgment and Decree dated 29.09.2004 and made in A.S. No. 225 of 2002, on the file of the learned II Additional Subordinate Judge, Madurai, confirming the Judgment and Decree dated 02.07.2002 and made in O.S. No. 205 of 2000, on the file of the learned District Munsif, Madurai. Whereas, the second appeal in S.A. No. 730 of 2005 has been directed against the Judgment and Decree dated 29.09.2004 and made in Cross Objection in A.S. No. 225 of 2002, on the file of the learned II Additional Subordinate Judge, Madurai, reversing the Judgment and Decree dated 02.07.2002 and made in O.S. No. 205 of 2000, on the file of the learned District Munsif, Madurai. With the parties to the second appeals are one and the same and the subject matter as well as the issues involved in both the second appeals are also one and the same, these two second appeals have been consolidated, heard jointly and disposed of in this common Judgment.

(2.) The appellants in both the second appeals are the plaintiffs in the suit in O.S. No. 205 of 2000, on the file of the learned District Munsif, Madurai, whereas the respondents herein are the defendants therein. Therefore, this Court finds that the parties to the second appeals may hereinafter be referred to as the plaintiffs and the defendants as it is in the suit, wherever the context so require.

(3.) The facts, which are absolutely necessary for the disposal of the second appeals are as under: