1. This second appeal is filed by defendants 1 and 2, inveighing the judgment and decree dated 29.9.2003 passed by the Subordinate Judge, Dharmapuri, in A.S.No.32 of 2001, confirming the judgment and decree dated 17.4.2001 passed by the District Munsif, Harur, in O.S.No.567 if 1990, which is one for declaration and recovery of possession and for mandatory injunction.

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

3. The respondent herein/plaintiff filed the suit for declaration of title and recovery of possession and for declaration that the patta issued favour of the second defendant is not binding on her and for mandatory injunction directing defendants 3 and 4 to cancel the patta issued in favour of the second defendant.

4. The brief facts of the case as set out in the plaint are to the effect that the suit property belongs to the father of the plaintiff, namely, Vattan @ Theerthagiri, who died about 10 years ago, and after his demise, the plaintiff had acquired right, as the legal heir of Vattan @ Theerthagiri, and had been in possession and enjoyment of the same. While so, t