JUDGMENT :

(Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree of the learned Subordinate Judge of Udumalpet dated 01.12.1995, in A.S.No.55 of 1995 reversing the judgment and decree of the learned District Munsif of Udumalpet dated 23.12.1994 in O.S.No.587 of 1989.)

1. This second appeal is directed as against the judgment and decree dated 01.12.1995, passed in A.S.No.55 of 1995 on the file of the learned Subordinate Judge, Udumalpet, confirming the judgment and decree dated 23.12.1994 in O.S.No.587 of 1989 on the file of the learned District Munsif, Udumalpet.

2. For the sake of convenience, the parties are referred to as per their ranking in the trial Court.

3. The case of the plaintiff in brief is as follows:-

3.1 The plaintiff filed the suit for permanent injunction. The property described in the ‘A’ schedule along with other adjacent portions were originally purchased by the father of the plaintiff by virtue of sale deed dated 19.10.1942. After purchase of the vacant land, he put up superstructure. He had three sons and during his life time, the family arrangement was made. Accordingly, the western portion of the property w