This second appeal is directed against the decree and judgment of the learned Additional Subordinate Judge of Madurai in A.S. No. 67 of 1956 confirming the Decree and Judgment of the learned District Munsif of Melur in O.S. No. 27 of 1955. The respondent has filed a Memorandum of Cross Objections.

The facts of the case an be easily followed if we take on hand the commisssioner’s plan annexed to this Judgment for reference.

The plaintiff is the owner of R.S. Nos. 75/4 and 77/2 in the village of Uluppakudi. The defendants are the owners of R.S. No. 76/2. It will be seen that these two lands are separated only by a ridge. On the border between the plaintiff’s and defendants’ lands there are sixteen tamarind trees of varying age, the oldest of them being about 60 years old. There has been a recent change of hands in regard to the plaintiff’s land. On the plaintiff becoming the owner four years ago he found that nine of the sixteen trees are constituting an unmitigated nuisance so far as his property is concerned and by means of the Nizhal Vadai which they create patches of his land are becoming unfit lor cultivation. Therefore, he has come to Court with this suit for the overhang