A. Varadarajan, J.

1. The first defendant R. S. Muthuswami Gounder, who has lost in both the Courts, below, is 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 feet cast to west and 136 feet north to south on the west, and 126 feet north to south on the east, in T.S No. 907/2 in Erode Municipal Town, staled to be in three plats. 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 Exhibit A-1, dated 6th May, 1967 the portion marked A, B, C, D in the plaint plan measuring 2701/2 feet east to west on the south 2251/2 feet east to west on the north, 1621/2 feet north to south on the west and 1151/2 feet north to south on the e