The second appeal is directed against the Judgment and Decree dated 19.01.2000 passed in A.S.No.79 of 1997 on the file of the Sub-Court, Kallakurichi, confirming the Judgment and Decree passed by the District Munsif Court, Kallakurichi in O.S.No.399 of 1990, dated 27.03.1997.

2. The appellant herein was the defendant before the Trial Court. The suit was filed by the respondent/plaintiff for declaration of title and consequential injunction restraining the appellant/defendant from interfering with the peaceful possession and enjoyment of the suit property by the respondent/plaintiff.

3. The suit property is an extent of 50 Cents of dry land in R.S.No.485/4 in Chinnaselam Village, Kallakurichi Taluk. After the trial, the suit was decreed as prayed for with cost. Aggrieved by which, appeal was preferred by the defendant in the suit confirming the Judgment and Decree passed by the Trial Court. Appeal was dismissed by the Trial Court. Aggrieved by which, the defendant before the trial court has preferred this second appeal.

4. The second appeal has been admitted on the following substantial questions of law:

"1. Whether both the Courts below were correct in decreeing the suit