JUDGMENT: This second appeal is preferred against the judgment and decree dated 29.7.2002 rendered in A.S.No.40 of 1991 by the Court Subordinate Judge, Srivilliputhur, thereby reversing the judgment and decree dated 5.3.1990 rendered in O.S.No.531 of 1988 by the Court of Principal District Munsif, Srivilliputhur.

2. Tracing the history of the above second appeal coming to be preferred by the plaintiff in the suit, it comes to be known that the appellant herein has filed the suit for recovery of possession, permanent injunction restraining the defendants from further burrowing the schedule of properties and for such other reliefs.

3. The case of the plaintiff is that the plaintiff is the owner of the schedule mentioned properties and the defendants are making bricks and selling them; that the defendants approached the plaintiff for getting the schedule mentioned lands for making bricks; that on 14.11.1984, the plaintiff and the defendants entered into an agreement as per the terms of which, the defendants were entitled to remove earth from the suit property for a period of three and half years from 14.11.1984; that the plaintiff received Rs.18,500 as consideration on the same day from

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