JUDGMENT :

A.S. BOPANNA, J.

1. The appellant is before this Court in this appeal, assailing the judgment dated 30.10.2009 passed by the High Court of Madras, Madurai Bench in S.A. No. 1303 of 1994. The appellant herein is the plaintiff in the suit while the respondents are the legal representatives of the deceased first defendant before the Trial Court. For the sake of convenience and clarity the parties will be referred to in the rank assigned to them before the court of first instance namely, the Court of District Munsif, Palani.

2. The factual matrix in brief is that the plaintiff filed the suit bearing O.S No. 769/1987 seeking the relief of perpetual injunction to restrain the defendants from interfering with the peaceful possession and enjoyment of the plaint schedule property, as claimed by the plaintiff. The defendant No. 2 did not respond to the summons issued in the suit and therefore, was placed ex-parte. The defendant No. 1 appeared before the trial court and contested the suit. The case of the plaintiff was that the plaint schedule property belonged to the plaintiff who has been enjoying the same for a period of 40 years by paying kist. The property belonging to the defend