(This second appeal has been filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 6.3.1995 made in A.S.No.136 of 1994 on the file of the Additional District Court, Erode, reversing that of the Trial Court dated 22.11.1993 in O.S.No.764 of 1987 on the file of the I Additional District Munsif Court, Erode.)

The appellant herein is the Plaintiff in O.S.No.764 of 1987 on the file of the I Additional District Munsif Court, Erode, who challenges the judgment and decree of the learned Additional District Judge, Erode, in A.S.No.136 of 1994 dated 6.3.1995 reversing that of the Trial Court in O.S.No.764 of 1987 dated 22.11.1993. Respondents 1 to 5 herein are defendants 1, 3, 6, 4 and 5 respectively in the original suit. Respondents 4 and 5/defendants 4 and 5 are given up as they were set exparte in the first appellate Court.

2. The plaintiff filed the suit for declaration and for permanent injunction. The brief facts as could be seen from the plaint and written statement are as follows.

(a) The cart track in old survey No.940/3 and re-survey No.1074 is the suit property. The plaintiff purchased 84½ cents of land in old survey No.940/3 and re-