JUDGMENT :- The above second appeal is directed against the judgment and decree dated 12-8-1992 rendered in A.S. No. 37 of 1988 by the Court of Subordinate Judge, Kancheepuram thereby confirming the judgment and decree dated 22-7-1987 rendered in O.S. No. 215 of 1981 by the Court of Principal District Munsif, Kancheepuram.

2. Tracing the history of the above second appeal coming to be preferred by the defendant in the suit, it comes to be known that the respondents herein have filed the suit on their behalf and on behalf of the villagers of Perumbakkam praying for declaration and permanent injunction as against the appellant herein on averments such as that the defendant's grandmother was granted patta for four cents of land in S. No. 132; that after the death of his grandmother, the defendant put up a construction in a larger extent than that of the four cents land adjoining the land in S. No. 153/2 encroaching upon the extent of 27' x 15' pathway lying on the South thereby obstructing the general public from proceeding to the river and the graveyard which has been indicated as ABCD in the plaint plan; that on being reported against with the Revenue authorities, the District Collec

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