JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of C.P.C against the judgment and decree passed in A.S.No.105 of 2008 dated 09.09.2009 on the file of Principal District Court, Erode, confirming the judgment and decree passed in O.s.No.172 of 2004 dated 27.04.2007 on the file of District Munsif-cum-Judicial Magistrate, Perundurai, Erode District.)

(The case has been heard through video conference)

1. The Second Appeal is filed by the unsuccessful plaintiff in her suit for permanent injunction.

2. The defendants in the suit are admittedly the owners of the land west of the suit property. The cause of action for the suit alleged to have arisen on 05.04.2003, when the 1st defendant with the active support of his men, attempted to trespass into the suit property and form a cart track in the suit property.

3. According to the plaint, she is the widow of Late.Arunachala Gounder. On 06.07.1977 Arunachala Gounder and his brother C.Palanisamy through the partition deed divided the family property among themselves. The suit property measuring 0.76 acres was allotted to the Arunachala Gounder. On the death of Arunachala Gounder, who died intestate in the year 1979, the plaintiff and h