The third defendant in O.S. 474 of 1983 on the file of the District Munsif of Tiruchengode, is the petitioner in this revision. The respondent is the plaintiff. The plaintiff has filed the suit for a permanent injunction restraining the defendants and their men from in any manner interfering with the plaintiff's peaceful possession and enjoyment of the suit properties by way of digging foundations, etc. The suit properties are in particular survey numbers, viz., S.Nos.289/2 to 289/19 in the concerned village. According to the plaintiff, the defendants are trying to put up foundations in the western portion of S.Nos.289/2 and 289/11. The third defendant had filed a written statement and, according to him, S.No.289/1 belongs to him and the foundations put up by him are only within the portion of S. No.289/1.

2. Hence, the moot question that apparently comes up for adjudication on the pleadings is as to whether the foundations put up by the 3rd defendant are within S.No. 289/1 or whether they have encroached upon the lands of the plaintiff. The 3rd defendant took out I. A.571 of 1984 under O.XXVI R.9 read with S.151 of the Civil P.C. hereinafter referred to as the Code, to