T.S.PADMAVATHY (DECEASED) Vs. R.ELUMALAI (DIED)

JUDGEMENT

(1.) This second appeal has been filed against the Judgment and Decree dated 03.10.1996 in A.S.No.237 of 1995 passed by the learned II Additional Judge, City Civil Court, Chennai confirming the Judgment and Decree dated 15.09.1994 in O.S.No.9881 of 1990 passed by the learned VII Additional Judge, City Civil Court, Chennai.

(2.) The legal heirs of the plaintiff are the appellants herein. The suit in O.S.No.9881 of 1990, filed by the original plaintiff for declaration and delivery of possession, was dismissed by the trial Court and the same was confirmed by the first appellate Court. Aggrieved by the concurrent finding rendered by both the Courts below the present second appeal has been filed.

(3.) The brief facts, which led to the filing of this second appeal, are as follows: