1. Challenge in this second appeal is made to the judgment and Decree dated 30.11.2000 made in A.S.No.83 of 2000 on the file of the Principal District Court, Tiruvannamalai reversing the Judgment and decree dated 31.01.2000 made in O.S.No.305 of 1987 on the file of the District Munsif Court, Polur.

2. Parties are referred to as per their rankings in the trial Court.

3. Suit has been laid by the plaintiff for declaration and permanent injunction.

4. One of the substantial questions of law formulated at the time of admission of the second appeal is

“Whether the lower appellate Court is right in relying upon Exs.B6 to B10, which had not been proved and established?”

5. Considering the points raised, during the course of arguments, in the second appeal, in my considered opinion, it is unnecessary to deal with the facts of the case in detail as for the reasons below mentioned, it is proposed to remit the matter back to the first appellate Court and in such view of the position, any finding or determination by this Court on the points in issue raised in the suit one way or the other either incidentally or directly during the course of the this appeal would seriously prejudice the ca