JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of C.P.C., against the judgment and Decree dated 25.11.2002 made in A.S.No.59 of 2002 on the file of the Sub Court, Bhavani confirming the judgment and decree dated 28.06.2002 made in O.S.No.519 of 1999 on the file of the II Additional District Munsif Court, Bhavani.)

1. In this second appeal, challenge is made to the judgement and decree dated 25.11.2002 passed in A.S.No.59 of 2002 on the file of the Subordinate Court, Bhavani, confirming the judgment and decree dated 28.06.2002 passed in O.S.No.519 of 1999 on the file of the Second Additional District Munsif Court, Bhavani.

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

1. Whether a suit for declaration of title can be decreed in the absence of any documents filed by the plaintiff to prove title or possession?

2. In a suit for declaration of title whether the burden can be cast on the defendant to prove title?

3. Considering the scope of the issues involved between the parties as regards the subject matter lying in a narrow compass, it is unnecessary to dwell into the facts of the case in detail.

4. For the sake of convenience, the parties a