JUDGMENT :-

1. This Second appeal is focussed by the defendant, animadverting upon the judgment and decree dated 16.6.2009 passed by the Principal District Judge, Dharmapuri, reversing the judgment and decree dated 27.8.2008 passed by the Subordinate Judge, Dharmapuri, in O.S.No.59 of 2000, which was filed for declaration and permanent injunction.

2. The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the trial Court.

3. A summation and summarisation of the relevant facts absolutely necessary and germane for the disposal of this Second Appeal would run thus:

(a) The respondent herein, as plaintiff, filed the suit seeking the following reliefs:

"To pass a judgement and decree

"a. declaring the title of the suit property in favour of the plaintiff on the basis of the Settlement deed dated 19.6.1972;

b. consequently interdict the defendant from alienating or encumbering the suit property by means of permanent injunction;

c. award costs of the suit." (extracted as such)

(b) The appellant/defendant filed the written statement resisting the suit.

(c) Whereupon the trial Court framed the issues. The plaintiff examined hims