Being aggrieved by judgment in A.S.No.139 of 2004 reversing judgment of the trial Court and thereby decreeing plaintiffs suit for recovery of possession, unsuccessful defendant has filed this Second Appeal.

2. Suit property relates to 4 ½ cents out of 22 cents in S.No.74/13A in Arugur Village, Nemmely. Plaintiff claims that suit property was assigned to him under assignment deed (dt.012. 1983) under Land Ceiling proceedings. Defendant is on the eastern side of the suit property. Case of plaintiff is that when plaintiff was absent from the village on 10.02.1998, defendant committed trespass during plaintiffs absence. After approaching local panchayat, plaintiff filed suit on 30.07.1998 for delivery of possession.

3. Appellant/defendant resisted the suit and filed written statement denying title of the respondent/plaintiff. Defendant has denied having trespassed into the suit property and claimed that defendant is in possession of the suit property for more than 60 years and prayed for dismissal of suit.

4. On the above pleadings three issues were framed. To substantiate plaintiffs case, plaintiff examined himself as PW1. Kist receipt paid by plaintiff was marked as Ex.A1