1. The plaintiff in O.S.No.785 of 1984 on the file of the learned District Munsif, Mayiladuthurai is the appellant. The respondent is the defendant. The said suit was filed for permanent injunction to restrain the defendant from taking possession of the suit site and the premises from the plaintiff in any manner. The learned District Munsif decreed the suit as prayed for. As against the same, the defendant preferred an appeal in A.S.No.86 of 1992 on the file of the learned Subordinate Judge, Mayiladuthurai. By decree and judgment dated 31.01.1996, the learned Subordinate Judge allowed the appeal, set aside the decree and judgment Trial Court and dismissed the suit. As against the same, the plaintiff is before this Court with this second appeal.

2.The case of the plaintiff as culled out from the plaint is as follows:

(i)The suit property belongs to the Southern Railway and the same is situated near the Mayiladuthurai Railway Station. The suit property was originally a vacant site and the same was leased out by the defendant to Hindustan Petroleum Corporation Limited for storing and selling kerosene oil by their dealers. For the said purpose, the said Corporation built a puc