This Second Appeal arises out of the judgment and decree dated 19. 2006 passed in A.S.No.3 of 2006 by the Principal Sub Judge, Myiladuthurai reversing the Judgment and Decree dated 19. 2005 passed in O.S.No.302/2004 by the District Munsif, Sirkali and thereby decreeing Plaintiffs suit for Permanent Injunction. Unsuccessful Defendant is the Appellant.

2. Suit property relates to a vacant Punjai land measuring about 5 cents in S.No.281/4B1 in Pudupattinam Village, Sirkali Taluk. The case of Respondent /Plaintiff is that the suit property measuring 5 cents was allotted to Plaintiffs father Muthusamy Thevar and his brothers. After the death of his father, Plaintiff has been in possession and enjoyment of the same. Suit property is described as ABCD in the plaint plan. Defendant is having property on the south of suit property and he is having brick kiln in his property and using the portion marked as EPGH in the plaint plan to take away the Bricks. Defendant demanded the Plaintiff to sell the suit property namely the portion marked as ABCD. Since, Plaintiff did not heed to his request, Defendant threatened to disturb Plaintiffs possession and hence Plaintiff filed the suit f