The defendant who lost before the lower appellate court is the appellant herein.

2. The respondent herein/ plaintiff filed a suit in O.S. No.159 of 1978 on the file of the District Munsif of Kallakurichi against the appellant/defendant herein, praying for a declaration and injunction. Briefly it is the case of the plaintiff that the suit properties are the ancestral properties of the plaintiff and that he and his father have been in possession of the properties for the past 30 years. The plaintiff also claimed that he has acquired prescriptive title to the suit properties. According to the plaintiff the defendant has no right for possession of the suit properties and that as the defendant attempted to trespass into the suit properties from 7. 1978, he filed the present suit.

3. The defendant filed a written statement contending that the plaintiff is not entitled to the entire suit properties nor he is in possession as claimed by him. According to the defendant, the plaintiff ‘s father Marudhaiyan has sold an extent of 2 acres, 44 cents out of the suit properties viz., an extent of 4.46 acres comprised in four survey numbers. It is the further case of the defendant that