1. This Second appeal is focussed by the legal heirs of the original defendant, animadverting upon the judgment and decree dated 28.10.2005 passed by the Subordinate Judge, Kallakurichi, in A.S.No.84 of 2003 modifying the judgment and decree dated 9.4.2003 passed by the III Additional District Munsif, Kallakurichi, in O.S.No.125 of 2001, which was filed for declaration and permanent injunction.

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

3. A summation and summarisation of the relevant facts absolutely necessary and germane for the disposal of this Second Appeal would run thus:

(a) The respondent herein, as plaintiff, filed the suit for declaration and permanent injunction.

(b) Written statement was filed by original defendant resisting the suit.

(c) Whereupon the trial Court framed the issues. On the plaintiff's side, P.W.1 and P.W.2 were examined and Exs.A1 to A8 were marked. The defendant examined himself as D.W.1 along with D.W.2 and Exs.B1 and B2 were marked.

(e) Ultimately the trial Court decreed the suit as prayed by the plaintiff, excluding an extent of 1 ¾ cents whi