The defendants in O.S. No. 2 of 1976 on the file of the Court of the learned District Munsif, Srivilliputtur, are the appellants in this second appeal. They have preferred this second appeal against the Judgement and decree dt. 18th Sept. 1985 in A. S. No. 115 of 1978 on the file of the Court of the learned Subordinate Judge, Ramanathapuram at Madurai. The suit was filed for injunction to restrain the defendants-appellants herein and their men not to start a brick kiln and chamber in the'b' schedule property. The plaintiff succeeded before the trial Court. Aggrieved by the Judgement and decree of the trial Court, the defendants preferred A. S. No. 115 of 1978 before the lower appellate Court. The lower appellate Court confirmed the judgement and decree of the trial Court and dismissed the appeal with costs. Aggrieved by the Judgement and decree of the lower appellate Court, the defendants have come forward with this second appeal before this Court.

2. The case of the plaintiff M/s. Ramkumar Ginning Firm through its sole proprietor V.L. Balasubramaniam is as follows :- In the plaint A schedule property, the plaintiff has constructed building to locate a Ginning Factory an