V.M. Velumani, J.

1. This Second Appeal has been filed against the judgment and decree dated 23.01.2003 made in A.S. No. 15 of 2002 on the file of the Additional Subordinate Court, Dindigul, reversing the Judgment and decree dated 06.07.2000, made in O.S. No. 772 of 1998 on the file of the II Additional District Munsif Court, Dindigul.

2. The appellant is the plaintiff, who succeeded in the Trial Court, but lost in the first appellate Court. The respondent is the defendant.

3. Facts of the case:-

(i) The appellant filed suit in O.S. No. 772 of 1998, before the II Additional District Munsif Court, Dindigul, for declaration and permanent injunction restraining the respondent from interfering with his peaceful possession and enjoyment of the suit property.

(ii) According to the appellant, the property originally belonged to one Vaiyapuri. He owned 5 acres 42 cents in S. No. 362 apart from other properties. After his death, his four sons, viz., Palaniyandi, Aandi, Murugan and Subban partitioned all the properties orally including the property measuring 5 acres 42 cents in S. No. 362. His first son Palaniyandi was allotted 90 cents, Aandi and Murugan were allotted 1 acre 35 cents e