JUDGMENT

VARADARAJAN, J.:—This appeal by special leave is directed against an order of the learned single Judge of the Madras High Court, made in C. M. P. No. 1368 of 1983, reviewing his judgment in Second Appeal No. 86 of 1978 which he dismissed on 24-7-1981, confirming the judgment in Appeal Suit No. 135 of 1974 of the learned Subordinate Judge, Padmanabhapuram who in turn confirmed the judgment of the learned Principal District Munsif, Padmanabhapuram in Original Suit No. 365 of 1973. The appellant Soundararaj filed the suit for demarcating the boundaries of his A schedule property bearing Survey No. 3199 on which his building stands from the respondents B schedule property bearing Survey No. 3153 on which their buildings stand and for a mandatory injunction directing the respondents to remove the eaves protruding on the northern side by reason of which the eaves water was falling into his property.

2. The respondents denied that they encroached upon any portion of the appellants property and contended that he had with ulterior motives removed the survey stones on the north-eastern and north-western sides of Survey No. 3153 belonging to them and that after encroaching upon some p