The above second appeal has been filed against the judgment and decree of the learned Subordinate Judge, Thenkasi, dated 30.11.1982 in A.S. No.26 of 1982, confirming the judgment and decree of the learned District Munsif, Ambasamudram, dated 30.12.1981 in O.S. No.307 of 1986. The wife of late Arumugham by name Muppidathi Ammal, first plaintiff, filed O.S. No.307 of 1976 and when she died during the pendency of the suit, plaintiffs 2 to 5, her legal representatives came to be impleaded to prosecute the proceedings instituted for declaration that the second schedule property shown as ABHG in the plaint plan belonged to the first plaintiff and other heirs of the deceased Arumugham and for recovery of possession of III Schedule ABFE ground site after removing the construction made by the defendant.

2. The case of the plaintiffs was that the I schedule property shown as AXYZFB, belonged to the defendant and the II schedule shown as ABCD belonged to the plaintiffs as heirs of late Arumugham, that ABHG in the said second schedule is the III schedule, that there is a lane situated on the eastern side of the plaintiffs’ house to reach the HI schedule property which is shown as K