1. This Second Appeal is directed against the judgment and decree of the District Court at Dindigul-Anna District reversing the judgment and decree of the District Munsif Court at Dindigul.

2. The Original Suit was filed by the first respondent herein in respect of his 50 cents of agricultural land situate at R.S. No.209/C in Ellapatti Village, Palani Taluk for the relief of declaration of title, recovery of possession and mandatory injunction directing the defendants to form an odai in their land in Survey No.204.

3. The plaintiffs case is that the suit property was inherited by him and his brothers from their ancestors. The property of the defendants is located in the south of the plaintiffs property in Survey No.204. There was an odai running through the defendants' land and six years prior to the filing of the Suit, due to heavy floods, the said odai pushed into plaintiffs property and consequently, the boundaries of the plaintiffs property got changed and defendants encroached 50 cents of the suit property and therefore, he filed the Suit for the relief’s as stated above. In support of the plaintiffs case, seven documents were marked and two witnesses were examined.

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