The plaintiff, who emerged successful before the Trial Court, but lost the case in the appeal before the lower Appellate Court, is the appellant in the present Second Appeal.

2. The plaintiff filed the original suit in O.S.No.22 of 1996 against the respondent herein for the relief of permanent injunction restraining her from interfering with the possession of the plaintiff in respect of the suit property by disturbing the eastern fence of the plaintiff, excavating trench, putting up wall and protruding eaves or sunshades over the suit property which belongs to the appellant herein/plaintiff.

3. The suit property is defined as an extent of 3,488 sq. ft., consisting of the backyard portion measuring 2,513 sq. ft. and the front portion measuring 75 feet x 13 feet = 975 sq. ft., comprised in Survey No.79/15-A situated on the North of Nannilam North Street, Nannilam Town. According to the plaint averments, the entire property comprised in Survey No.79/15 before sub-division was jointly owned by the appellant herein/plaintiff and his brother Rathinasamy and on partition, the Eastern portion measuring 75 feet x 12 feet abutting the road and corresponding backyard of 2,513 sq. ft.