This Second Appeal is preferred against the concurrent findings of the Courts below, decreeing the plaintiff's suit for permanent injunction.

2. The unsuccessful defendants are the appellants. For convenience, the parties are to be referred to in their original rank in the suit.

3. The suit land is Natham poramboke land. The predecessor of the plaintiff encroached the suit poramboke land 35 years back. The plaintiff purchased the suit land from her predecessor about 10 years back and put up construction after obtaining approval from the panchaytat. The second defendant has no right over the property. The second defendant, while removing encroachers from the Highways property, attempted to remove the superstructure in the suit land. However, the attempt was thwarted by the plaintiff with the help of others. Therefore, he has filed the suit with leave to dispense with Section 80 notice to file the suit.

4. D2 in its written statement admits that the suit land is a poromboke land. He contends that the averments made in the plaint has to be established by the plaintiff. The second defendant never removed any encroachment in the suit land. It was also never attempted to and only