1. This second appeal has been directed against the decree and judgment in A.S.No.79 of 1995 on the file of the Court of Subordinate Judge, Mayiladuthurai, which had arisen out of the decree and judgment in O.S.No.29 of 1986 on the file of the Court of District Munsif, Sirkali. The plaintiff, who had succeed before the trial Court and got a decree for bare injunction, has lost the same in the first appeal A.S.No.79 of 1994 preferred by the defendant, has filed this second appeal. Pending second appeal, the appellant / sole plaintiff died and her son has been impleaded as LR of the deceased plaintiff.

2.The short facts of the plaint relevant for the purpose of deciding this second appeal are as follows:-

The plaint schedule property is a vacant site belonging to the plaintiffs husband Kannuswamy Chettiar, who had purchased the same under a sale deed dated 1. 1935 and he was in possession and enjoyment of the plaint schedule property till his death. Subsequent to his death his wife / plaintiff and their children were in continuous possession and enjoyment of the plaint schedule property as legal heirs of deceased Kannuswamy Chettiar. Except the plaintiff and her children no