JUDGMENT :

Prayer: Second Appeal is filed under Section 100 of C.P.C., against the judgment and decree made in A.S.No.38 of 2005 on the file of the Subordinate Court, Ramanathapuram, dated 28.06.2006, confirming the judgment and decree made in O.S.No.38 of 2003 on the file of the District Munsif cum Judicial Magistrate Court, Thiruvadanai, dated 08.11.2004.

The plaintiff in O.S.No.38 of 2003 on the file of the Principal District Munsif, Thiruvadanai is the appellant. The said suit was filed by him seeking a decree of permanent injunction restraining the defendants from interfering with the possession of the plaintiff.

2. According to the plaintiff, the suit property measuring about 3 cents in Survey No.226/8B1 is the ancestral property of the plaintiff and was classified as Grama Natham. During the Natham Settlement Scheme, Patta was issued to the plaintiff and his brother Subbiah Servai in respect of 350 sq.m., of land in Survey No.226/8B. Subsequently, the said survey number was subdivided into two and Patta was issued to the plaintiff for an extent of 250 sq.m., in Survey No.226/8B1, for the remaining 100 sq.m., Patta was issued to the brother of the plaintiff. Claiming that the d