JUDGMENT :

Abdul Quddhose, J.

1. This Second Appeal has been filed challenging the judgment and decree dated 11.01.2007 passed by the Subordinate Judge, Uthagamandalam in A.S. No. 47 of 2006 reversing the judgment and decree dated 13.03.2006 passed by the District Munsif, Coonoor in O.S. No. 101 of 2001.

Brief facts leading to the filing of the Second Appeal:

2. The appellant is the defendant in the suit O.S. No. 101 of 2001 on the file of the District Munsif Court, Coonoor and the respondent is the plaintiff.

3. For the purpose of convenience, the parties herein are referred to as per the ranking in the Trial Court.

4. The plaintiff filed a suit against the defendant in O.S. No. 101 of 2001 seeking for an injunction restraining the defendant from interfering with his peaceful possession and enjoyment of the suit schedule property.

5. As seen from the plaint averments, the grievance of the plaintiff is that the defendant is using the foot path belonging to the plaintiff having a width of 2 feet and totally measuring 1 1/2 cents unauthorisedly without the plaintiff's permission.

6. A written statement has been filed by the defendant in the suit denying the allegations of the plaintiff and s