JUDGMENT :

(Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated 17.07.2003 passed in A.S.No.23 of 2003 on the file of the District Court, Nilgiris at Udagamandalam confirming the judgment and decree dated 07.02.2003 passed in O.S.No.34 of 1997 on the file of the District Munsif Court, Kotagiri.)

1. This second appeal is directed as against the judgment and decree dated 17.07.2003 passed in A.S.No.23 of 2003 on the file of the District Court, Nilgiris at Udagamandalam, confirming the judgment and decree dated 07.02.2003 passed in O.S.No.34 of 1997 on the file of the District Munsif Court, Kotagiri.

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 suit is filed for permanent injunction. The suit property belongs to Kinna Bellie, Pela Ajjan, Keme Iyyan, Kutta Dhonan and Kuttu Hiriyan and in the partition effected among themselves each of them entitled to 0.09 acres. The said Keme Iyyan had two sons viz., Sevanan and Morchan. After the demise of the said Keme Iyyan, his share of 0.09 acres was partitioned between