R.S. RAMANATHAN, J.

Second Appeal No. 74 of 2007

1. The unsuccessful plaintiff is the appellant in the Second Appeal. The appellant filed the suit in O.S. No. 289 of 2003 on the file of the District Munsif, Bhavani for declaration that the appellant Municipality is the absolute owner of the suit property shown as “ABCD” in the rough plan and praying for consequential permanent injunction restraining the defendant, his men and agents from in any way putting up further construction over the suit property shown in the plan as “ABCD” and for mandatory injunction directing the defendant to remove the encroachment and to deliver possession of the suit property shown in the plan as “ABCD” to the appellant Municipality. The suit was in respect of the property situate in T.S. No. 2/1 and 2/2 in Bhavani Sub-Registration District, Bhavani Taluk and Bhavani Municipal Limit and the encroached area is ad measuring 6.40 Metre North-South, measuring an extent of 0.77 cents as shown in the plaint plan marked as Ex.A.1. The learned trial Judge partly decreed the suit holding that the appellant Municipality is entitled to the suit property in T.S. No. 2/1 and dismissed the suit in respect of t