The second appeal arises out of the judgment and decree dated 22.10.2002 in A.S.No.130 of 2002 on the file of the Additional District Court-cum-Fast Track Court, Ariyalur, confirming the judgment and decree dated 30.06.1998 in O.S.No.361 of 1994 on the file of the Principal District Munsif Court, Ariyalur.

2. The averments made in the plaint are as follows:-

(i) The suit property is the portion of the plaintiff's garden and the plaintiff is in possession of the same openly, continuously and uninterruptedly from 1967 onwards and the same was shown as “B C E F” in the plan. The defendant is constructing a house on the northern side of the house property and garden of the plaintiff and the land belonging to the defendant is a Government poramboke land. The defendant made an attempt to interfere with the plaintiff's possession stating that the defendant has right over 3 ½ feet on the southern side of “B C” wall, which was shown as suit property. Further, the defendant put up two windows on the suit property and also 1 ½ feet slab which is protruding into the southern side of the suit property. Therefore, the plaintiff constrained to file the suit for permanent injunction restrain