JUDGMENT

Pinaki Chandra Ghose, J.

1. This appeal has been filed assailing the judgment and order dated July 22, 2003 passed by the High Court of Judicature at Madras in Second Appeal No.1806 of 1992. The High Court after perusing the facts and the evidence on record by the said judgment and order allowed the second appeal confirming the order of the Trial Court and setting aside the order passed by the first appellate court.

2. The brief facts of the case are as follows: The respondents herein (plaintiffs before the Trial Court) filed a suit for declaration and injunction with regard to the properties described as schedule "A" and schedule "B" properties and the Trial Court passed the decree in favour of the plaintiffs for both the schedule properties. Assailing the said Trial Court's decision the appellant herein filed an appeal before the Lower Appellate Court. The Lower Appellate Court confirmed the "B" schedule property in favour of the plaintiffs (respondents herein) but reversed the decree with regard to "A" Schedule property culminating in filing the second appeal.

3. The plaintiffs, respondents herein, filed Original Suit No. 59 of 1985 before the District Munsif Court at Polur