(Prayer: This second appeal against the judgement and decree passed in A.S.No.13 of 2002 on the file of the first Additional sub Court, Tirunelveli dated 21.10.2003 confirming the judgement and Decree passed in O.S.No.327 of 1998 on the file of the Principal District Munsif Court, Tirunelveli dated 16.04.2001.)

The second appeal was admitted on 13.12.2004 on the following substantial questions of Law:

1.Whether the findings of the courts below are vitiated by its failure to consider the absence of any evidence on the side of the respondents 1 and 2 regarding possession except the recitals under Exs.A-3 and A-4 which came to be registered pursuant to the judgement and decree passed in O.S.No.358 and 360 of 1991 without notice to the appellant?

2.Whether the courts below are right in not considering the question on the indisputable fact that the suit is barred under Order 2 Rule 2 of Civil Procedure Code especially when the cause of action in the present suit is the same as that of in the previous suits in O.S.No.358 and 360 of 1991?

2. When the application for interim order was moved, both the counsel submitted that they would argue the main second appeal itself and therefor