This second appeal has been preferred against the judgment and decree passed in Appeal Suit No.49 of 2000 by the Subordinate Court, Kulithalai.

2. The first respondent herein as plaintiff has instituted Original Suit No.461 of 1997 on the file of the District Munsif Court, Kulithalai, for the reliefs of declaration, permanent injunction and alternatively for recovery of possession, wherein the present appellant and the respondents 2 & 3 have been shown as defendants.

3. It is averred in the plaint that the suit property is originally belonged to the first defendant and the same has been assigned in his name. From the date of assignment, the first defendant has enjoyed the suit property. On 20.08.1973 the defendants and their minor children have executed a sale deed in favour of the plaintiff for a sum of Rs.3,000/- and put him in possession of the suit property. Due to recent misunderstanding, the defendants have interfered with the peaceful possession and enjoyment of the plaintiff and the plaintiff has filed Original Suit No.892 of 1980 for the relief of permanent injunction and the same has been dismissed and against the judgment and decree passed in Original Suit No.