JUDGMENT:-The plaintiff who was unsuccessful in both the Courts below hat come up by way of this second appeal. The short facts are as follows: — He has filed O.S. No. 836 of 1970 before the Court of the District Munsif, Kulithalai, for a declaration that he is entitled to remain in possession of the suit property and also for an injunction. According to him, the suit property is a road poramboke comprised in S.F. No. 583 situate in Manapparai Town. This was shown as A.B.C.D., in the plaint plan. The plaintiff encroached upon this suit item in about 1949 or 1950 and was running a tea shop. By issue of B memos., his right to remain in possession has been recognised by the Government of Tamil Nadu. The portion marked as A.E.F.G., situated on the north of the suit item was a private property of the first defendant, the second defendant being the power-of-attorney agent of the first defendant. The portion shown as E.B.H.F., is situated north of the suit item and east of A.E.F.G. This portion is a road poramboke. The first defendant was in possession of this portion E.B.H.F. Since the plaintiff wanted additional accommodation, he took the property situated on the north of the suit item

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