JUDGMENT :

ASHOK BHUSHAN, J.

This appeal has been filed by the defendants in the civil suit challenging the judgment dated 28.04.2009 of Madras High Court in Second Appeal No.39 of 2009 by which judgment the High Court had allowed the second appeal of the plaintiff setting aside the judgment of the First Appellate Court dated 26.11.2008 in A.S. No.172 of 2005 and restoring the judgment dated 06.02.2004 in O.S.No.188 of 2002 of the trial court decreeing the suit.

2. Parties shall be referred to as referred in the Original Suit. Brief facts of the case giving rise to this appeal are :

The plaintiff, R. Pannerselvam, who is the respondent in this appeal, filed O.S. No.188 of 2002 in the Court of District Munsif, Namakkal praying for permanent injunction interdicting the defendants from disturbing the peaceful possession and enjoyment of the plaintiff over the suit property. The suit property was measuring 1777-1/2 sq.ft. comprising in Survey No.172/1 situated at Kalappanaickenpatti Village. Plaintiff’s case in the suit was that suit property originally belonged to one Dhasi Naidu son of Thalama Naidu who went to Sri Lanka as a Farm Labour and died at Sri Lanka. The son of Dhasi Naidu, Kri