Rmt. Teekaa Raman, J.

1. The defeated defendants are the appellants herein.

2. The plaintiffs filed the suit, in O.S. No. 405 of 1998, before the learned District Munsif, Thirumangalam, seeking the relief of permanent injunction.

3. After contest, the learned District Munsif, Thirumangalam, by Judgment and Decree, dated 20.09.2004, dismissed the suit.

4. Aggrieved by the Judgment and Decree passed by the learned District Munsif, Thirumangalam, the plaintiffs preferred an appeal, in A.S. No. 269 of 2004, before the learned III Additional Subordinate Judge, Madurai.

5. After contest, the learned III Additional Subordinate Judge, Madurai, by Judgment and Decree, dated 30.03.2005, allowed the appeal, set aside the Judgment and Decree of the learned Trial Judge and decreed the suit.

6. Challenging the correctness of the Judgment and Decree passed by the learned III Additional Subordinate Judge, Madurai, the defeated defendants have preferred the present second appeal.

7. The brief averments of the plaint that are necessary to decide this appeal are as follows:

The first plaintiff is the wife and the second plaintiff is the son of one Ramasamy Thevar, who is the original owner of the s