JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of C.P.C. against the Judgment and Decree dated 19.08.2008 in A.S.No.47 of 2008 on the file of the learned Subordinate Judge, Pudukottai, reversing the Judgment and Decree dated 14.11.2007 in O.S.No.5 of 2006 on the file of the Principal District Munsif, Pudukottai.)

1. The appellant in this appeal is the defendant in O.S.No.5 of 2006 on the file of the Principal District Munsif, Pudukottai and respondent in A.S.No.47 of 2008 on the file of the learned Subordinate Judge, Pudukottai.

2. The respondent herein filed a suit in O.S.No.5 of 2006 on the file of Principal District Munsif, Pudukottai, seeking for the relief of permanent injunction restraining the defendant and his men from interfering with the peaceful possession and enjoyment of the suit property by the plaintiff. The learned Principal District Munsif, Pudukottai, by Judgment and Decree dated 14.11.2007, had dismissed the suit with costs.

3. Aggrieved over the same, the plaintiff/respondent herein filed an appeal before the learned Subordinate Judge, Pudukottai in A.S.No.47 of 2008. The learned Subordinate Judge, Pudukottai, by Judgment and Decree dated 19.08.2008, had