JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree passed in A.S.No.9 of 2002 on the file of the Principal Sub Judge, Erode dated 09.07.2003 reversing the Judgment and decree passed in O.S.No.5 of 1999 on the file of the Principal District Munsif Court, Erode dated 14.12.2001.)

1. The plaintiff is the appellant before this Court. The Second Appeal is filed challenging the Judgment and Decree in A.S.No.9 of 2002, on the file of the Principal Subordinate Judge, Erode, in and by which the learned subordinate Judge had reversed the Judgment and Decree of the Principal District Munsif, Erode, in O.S.No.5 of 1999.

2. The suit O.S.No.5 of 1999 was filed for a perpetual injunction restraining the defendant, his men and agents from interfering with the plaintiff's right of access for his vehicles, cattle and men from Kongu Engineering College road in the west to and from RSF.No.297/4 of Veppampalayam Village in the east through RSF.No.297/7 of the same village. The property comprised in RSF No.297/4 was described as the A-Schedule and the property comprised in RSF.No.297/7 was described as the B-Schedule to the suit property. For the sake of easy understanding the parties are referred to in the same litigative status as in the suit O.S.No.5 of 1999.

3. Plaintiff's Case:

3.1. The case of the plaintiff is that one Chellammal was in occupation of the plot in RSF.No.216 (Which is now subdivided into RSF.No.297/4) of Veppampalayam Village. The subdivision was effected in the last Natham Land Revenue Settlement in the year 1992 and the patta was issued in respect of Survey No.297/4. On 27.08.1993, Chellammal sold the suit property to the Plaintiff under a registered sale deed. The plot of land also included a dilapidated building which is also sold to the plaintiff. The access for vehicles, cattle and men to and from the north-south Kongu Engineering College road in the west to the plaintiff's land in RSF.No.297/4 in the east was through 15 links wide east-west-strip of land comprised in RSF.No.297/7 which is the subdivision made in the last Natham Land Revenue Settlement.

3.2. It is the further case of the plaintiff that the defendant was in occupation of the land comprised in RSF.No.297/8 which is situated immediately to the south of RSF.No.297/7 and west of RSF.No.297/4. The plaintiff also contended that the defendant is now trying to encroach into RSF.No.297/7 by putting up construction and infact on 30.12.1998 the defendant had constructed north–south wall across RSF.No.297/7 thereby, denying the plaintiff's access to his lands in RSF.No.297/4 from the Kongu Engineering College. The plaintiff demolished the wall which has been built across RSF.No.297/7 and a police complaint was launched by the defendant and it is the case of the plaintiff that the police are conniving with the defendant therefore left with no other alternative the plaintiff is before this Court.

4. Defendant's Case:

4.1. The primary defense which has been put forward by the defendant was that no notice had been given to them prior to the Natham Land Revenue Settlement and therefore any order passed therein will not be binding on the defendant. In all other respects the defendant denied the allegations that have been contained in the plaint.

4.2. The defendant would contend that a plot measuring east-west 18 feet east-west on the north and south, north-south 32 feet on both sides within the following boundaries namely:

(i) North : by site belonging to one Kolandasamy

(ii) South : by East-West pathway leading to the house of Chellappagounder

(iii) East : by the land belonging to V.Chennimalai Gounder

(iv) West : by Kongu Engineering College road belonged to one Nallammal.

4.3. On 08.05.1969, Karuppanagounder purchased the lands from said Nallammal and was in possession of the same along with his sons Periaswamy and Chinnaswamy. The defendant by a registered sale deed dated 03.11.1993 had purchased the same from t