1. Heard both the learned counsel appearing for the appellant as well as the respondent.

2. It is seen that the suit was filed by the respondent herein in O.S.No.5 of 2004 on the file of the District Munsif of Kotagiri seeking judgment and decree against the appellant/defendant for rectification of a sale deed No.695/86, dated 23.07.1986 to be executed by the defendant by subsisting the S.No.447/15 in the place of S.No.447/6A in the schedule of property and for permanent injunction restraining the appellant/defendant and his men or agent from interfering with the possession and enjoyment of the respondent/ plaintiff in the suit property and also for the cost of the suit. The trial court dismissed the suit by its judgment dated 30.11.2007.

3. Aggrieved by which the appeal in A.S.No.21/08 was preferred by the respondent/plaintiff herein. Learned Subordinate Judge, Nilgiris allowed the appeal setting aside the judgment and decree passed by the trial court and decreed the suit as prayed for by the plaintiff, against which the second appeal has been preferred.

4. The learned counsel appearing for the appellant has raised the following substantial questions of law for admitt