This second appeal is preferred by the legal representatives of the sole defendant challenging the decree and judgment dated 30.4.2004 in A.S.No.59 of 1996 on the file of I Additional District Judge Court, Krishna, Machilipatnam, confirming in appeal the decree and judgment dated 30.7.1996 in O.S.No.43 of 1990 on the file of District Munsif Court, Kaikalur. The parties are hereinafter referred to as they arrayed in the suit.

2. The case of the plaintiff is that he is the younger brother of defendant and they are immediate neighbours. Their mother, Smt.Annam Seshamma gifted 80 Sq.yards of house site and some other site situated in Kaikalur in favour of the plaintiff by means of registered gift deed dated 30.11.1984. The plaintiff accepted the gift and took possession of the properties covered under the gift deed. He has been in exclusive possession and enjoyment of plaint schedule property. He erected cattle shed in the schedule site. Their mother passed away 3 years prior to filing of the suit. Defendant is a powerful person in the Village. On 28.4.1990 when the plaintiff started to construct walls in the schedule property, defendant interfered with such construction. The