JUDGMENT :- The first defendant R.S. Muthuswami Gounder, who has lost in both the Courts below, is the appellant in this second appeal. The plaintiff A. Annamalai filed the suit for a declaration of his title to the suit property and for recovering vacant possession of the same and also for a mandatory injunction directing the demolition of the superstructure put up on the property by the first defendant and for damages of Rs. 200 for use and occupation of the property by the first defendant at Rs. 100 per mensem from the middle of January 1972.

2. The suit property is a vacant site measuring 42 ft. east to west and 136 ft. north to south on the west and 126 ft. north to south on the east, in T.S. No. 907/2 in Erode Municipal town, stated to be in three plots. According to the plaint, T.S. No. 907/2 belonged to defendants 5 to 7 and some other co-sharers. Defendants 5 to 7 got for their share in the partition effected under Ex. A. 1, dated 6th May 1967, the portion marked A, B, C, D in the plaint plan measuring 270-1/2 ft. east to west on the south. 225-1/2 ft east to west on the north, 162-1/2 ft. north to south on the west and 115-1/2 ft. north to south of the east. These