(Prayer: Second Appeal has been filed under Section 100 of the Civil Procedure Code against the Judgment and Decree dated 27.11.2006 passed in A.S.No.50 of 2000 on the file of the Subordinate Court, Namakkal, reversing the judgment and decree dated 09.12.1999 passed in O.S.No.310 of 1998 on the file of the Additional District Munsif Court, Namakkal.)

1. In this second appeal, challenge is made to the Judgment and Decree dated 27.11.2006 passed in A.S.No.50 of 2000 on the file of the Subordinate Court, Namakkal, reversing the judgment and decree dated 09.12.1999 passed in O.S.No.310 of 1998 on the file of the Additional District Munsif Court, Namakkal.

2. The second appeal has been admitted on the following substantial questions of law:

“1. Whether the lower appellate court is correct in law in reversing the judgment and decree of the trial Court on the ground that the appellants do not have a right to the passage under Ex.B1, lease deed totally overlooking the fact that Ex.B1 Lease Deed has come to an end and the same has been novated by an oral lease which has been in vogue and given effect to since 1969?

2. Whether the lower appellate court is correct in law in non-suiting