The defendant who has lost in both the Courts below is the appellant herein the second appeal.

2. The plaintiff, the respondent herein filed the suit in O.S.No.331 of 1994 on the file of District Munsifs Court, Srivilliputhur, for permanent injunction restraining the defendant, the appellant herein from interfering with his peaceful possession and enjoyment of the suit property. The defendant, the appellant herein resisted the suit by contending that the respondent encroached the suit property which is a Odai Poramboke and that he having owned the adjacent property, is entitled to drain water through the Odai Poramboke.

3. The trial court, on consideration of the evidence of P.W.1, the plaintiff and Exs.A-1 to A-6 and the evidence of D.W.1, the defendant and Exs.B-1 and B-2, held that the plaintiff is entitled to the relief sought for.

4. Being aggrieved over the same, the appellant filed an appeal in A.S.No.184 of 1995 on the file of the Additional Sub Court, Srivilliputhur. This appeal was dismissed confirming the judgment and decree passed by the trial court. Hence, the present second appeal.

5. It cannot be debated that the plaintiff is in possession of the suit p