JUDGMENT :

C.V. Karthikeyan, J.

1. The defendant in O.S. No. 70 of 1982 on the file of the Sub Court, Krishnagiri is the appellant herein.

2. O.S. No. 70 of 1982 had been filed by the plaintiff Chinnapappammal, against the defendant K.S. Krishna Chetty, seeking a judgment and decree to declare her title to the suit property and also to restrain the defendant by an order of permanent injunction from trespassing or interfering with her peaceful possession and also to grant costs of the suit. By judgment dated 12.05.1987, the learned Sub Judge, Krishnagiri, decreed the suit.

3. The defendant then filed A.S. No. 68 of 1987 before the District Court, Dharmapuri at Krishnagiri. By judgment and decree dated 11.05.1994, the learned District Judge at Krishnagiri, confirmed the Judgment of the learned Sub Judge and dismissed the appeal.

4. The defendant had then filed the present Second Appeal. The Second Appeal had been admitted on the following two substantial questions of law:

1. Whether the Courts below erred in law in granting a decree in favour of the plaintiff in respect of the suit property in view of the fact that the predecessors in title of the plaintiff and the defendant were entitled