JUDGMENT :

Prayer : Second Appeals are filed under Section 100 of Code of Civil Procedure, against the judgment and decree dated 19.12.2013 in A.S.No.46 of 2012 and Cross Objection No.46 of 2012 in A.S.No.46 of 2012 on the file of the Subordinate Court, Paramakudi, confirming the judgement and decree dated 14.12.2011 in O.S.No.50 of 2004 on the file of the District Munsif Court, Muthukulathur.

The first defendant in O.S.No.50 of 2004, which was instituted for recovery of possession of the suit property and for mesne profits, is the appellant in both appeals. The trial court granted the plaintiff a decree for recovery of property but not his prayer for mesne profits. Aggrieved by the said decree, the first defendant preferred A.S.No.46 of 2021 whereas the plaintiffs filed their cross objection for denying them the mesne profits. The first appellate court dismissed the appeal but allowed the cross objection. Parties would be referred to by their rank in the trial court.

2.1 The facts are:

A certain Duraisamy Nadar owned the western 4.77 acres out of a total extent of 4.82 acres in Survey No.259/2A1 in Naripaiyoor Village in Ramnad District under Ext.A.5 sale deed dated 17.06.1987, execut