1. This second appeal has been filed against the judgment and decree, dated 15.3.2005, made in A.S.No.63 of 2003, on the file of the Subordinate Court, Kallakurichi, reversing the judgment and decree, dated 21.3.2003, made in O.S.No.271 of 1996, on the file of the III Additional District Munsif Court, Kallakurichi.

2. The plaintiff in the suit, in O.S.No.271 of 1996, is the appellant in the present second appeal. The defendant in the said suit is the respondent herein.

3. The suit, in O.S.No.170 of 1990, had been filed for a decree declaring the title of the plaintiff in respect of the suit property and for a permanent injunction restraining the defendant and their men and agents from encroaching upon the suit property and in the alternative for recovery of possession and for mesne profits, and for costs.

4. The plaintiff had stated that the suit property and certain other properties had, originally, vested with the Government. The properties had been divided into house sites and the Government had issued patta to various persons. While allotting the plots, Plot No.38 had been allotted to Thandaan of Nainarpalayam. Since, the beneficiaries did not know about the plots wh