1. The above Second Appeal arises against the judgment and decree in A.S.No.2 of 2005 on the file of Principal Sub-Court, Virudhachalam, confirming the judgment and decree in O.S.No.368 of 2004 on the file of First Additional District Munsif Court, Virudhachalam.

2. The second defendant is the appellant, the first respondent was the plaintiff and the second respondent was the first defendant.

3. The plaintiff filed the suit in O.S.No.368 of 2004 on the file of First Additional District Munsif Court, Virudhachalam to pass a decree and judgement in her favour against the defendants for Rs.75,000/- with subsequent interest at 12% p.a.

4. The brief facts case of the plaintiff in the suit is as follows:-

(i) According to the plaintiff, the suit property belongs to her and in view of the Government decision to convert Madras to Trichy Railway line as broad gauge from meter gauge, the first defendant entrusted the work to the second defendant, who is a railway Contractor for laying the Railway line near the suit property.

(ii)In pursuance of the work entrusted to the second defendant, by the first defendant, the second defendants Manager at Virudhachalam dug the red sand fr