JUDGMENT :

R. Tharani, J.

1. Heard the learned counsel appearing on both the side.

2. This appeal is filed against the Judgment and Decree passed in A.S. No. 8 of 2008 dated 11.03.2009 on the file of the learned Subordinate Judge, Srivilliputhur reversing the judgment and decree made in O.S. No. 193 of 2004 dated 26.10.2007 on the file of the learned Additional District Munsif, Srivilliputhur.

3. The appellant herein is the first defendant, the respondents 1 to 3 herein are the plaintiffs and the fourth respondent herein is the second defendant in the suit. The respondents 1 to 3 herein have filed a suit in O.S. No. 193 of 2004 before the learned Additional District Munsif, Srivilliputhur for a prayer of declaration of title and for injunction and as an alternative prayer for recovery of possession and for mesne profits. The trial Court after trial dismissed the suit. Against that Judgment and decree, the respondents 1 to 3 have preferred an appeal in A.S. No. 8 of 2008 before the Sub Court, Srivilliputhur. The learned Sub Judge reversed the Judgment and decree passed by the trial Court. Against which, the appellant herein has preferred this appeal.

4. The case of the plaintiffs is that