1. This Second Appeal is focused by the LRs. of the original third defendant/V.K. Ramanathan, animadverting upon the judgment and decree dated 212. 2005 passed in A.S. No.47 of 2005 by the Subordinate Judge, Namakkal, confirming the judgment and decree of the Trial Courts namely, Principal District Munsifs Court, Namakkal, in O.S. No.171 of 2004. For convenience sake, the parties are referred to hereunder according to their litigative status before the Trial Court.

2. A summation and summarization of relevant facts which are absolutely necessary and germane for the disposal of this Second Appeal would run thus:

The plaintiff/first respondent filed the Suit as against the defendants for declaration, recovery of possession and mandatory injunction. The defendants entered appearance and D3 filed the written statement resisting the Suit.

3. The Trial Court framed the relevant issues. During trial, the plaintiff examined herself as P.W.1 along with P.W.2 and Exs.A1 and A13 were marked. On the side of the defendants, D.Ws. 1 and 2 were examined and Exs.B1 and B2 were marked.

4. Ultimately, the Trial Court decreed the Suit, as against which the Appeal was filed by D3 (Rep. by