T. Ravindran, J.

The plaintiff in this second appeal has challenged the judgment and decree dated 28.07.2010 passed in A.S. No.5 of 2006 on the file of the Subordinate Court, Gingee, confirming the judgment and decree dated 29.11.2005 passed in O.S. No.526 of 1995 on the file of the Additional District Munsif Court, Gingee.

2. The suit has been laid by the plaintiff for permanent injunction.

3. The second appeal has been admitted and the following substantial questions of law are formulated for consideration in the second appeal.

(i) Are the courts below justified in dismissing the suit without considering the admitted case of the parties and the available materials on record?

(ii) When the appellant's title to the suit property is admitted by the respondents, is the lower Appellate Court justified in dismissing the suit holding that the suit should have been filed for the declaration of title?

4. Considering the rival contentions between the parties, it could be seen that the defendants have absolutely accepted that the plaintiff has title to the suit property. Even the courts below have also noted that the plaintiff had been allotted an extent of 34? cents in survey No.10/4B,