1. This second appeal is filed by the defendants inveighing the judgement and decree dated 29.07.2005 passed by the learned Principal Subordinate Judge, Mayiladuthurai in A.S.No.165 of 2004 reversing the judgment and decree dated 22.09.2004 passed by the learned District Munsif, Sirkazhi in O.S.No.112 of 1997.

2. The parties, for the sake of convenience, are referred to here under according to their litigative status and ranking before the trial Court.

3. A recapitulation and resume of the relevant facts, absolutely necessary and germane for the disposal of this second appeal would run thus:

a. The plaintiffs filed the suit seeking the following reliefs:

“to pass a decree against the defendants for recovery of plaint B schedule property after removal of superstructure, for future profits and to award cost of the suit.”

(extracted as such)

b. The defendants filed the written statement resisting the suit.

c. Whereupon issues were framed and on the side of the plaintiffs, the third plaintiff Sivaraman, examined himself as PW1 and marked Exs.A1 to A12. On the defendants' side, D1 and D2 examined themselves as D.Ws.1 and 2 along with DW3 and marked Exs.B1 to B19 and the Court do