This Second Appeal is preferred by the unsuccessful plaintiff, calling in question, the legality of the judgment of the Sub-Judge, Poonamallee in A.S. No.25 of 1993 confirming the judgment of the Additional District Munsif in O.S. No.1084 of 1972.

2. The plaintiff initially filed a suit for declaration of title and permanent injunction and subsequently filed an I.A. for amending the prayer seeking recovery of possession of the suit property and got the said I.A. allowed.

3. The case of the plaintiff, in brief, is as under:

He purchased the lands in S. No.295/1 and 295/2 measuring 8 grounds and 60 sq. ft., which is the suit property, from one Kanniammal vide sale deed dated 17.06.1965 and has been in absolute possession and enjoyment of the same. The defendant who is the owner of plot no.4 lying to the north of the suit property, having purchased the same from Kanniammal on 05.03.1965, purchased yet another plot during April 1971 and on that basis, with a view to annexe the suit property to plot no.4 owned by him, attempted during the third week of September 1971, to destroy the fence put up by the plaintiff in the suit property. This was objected to by the plaintiff and