JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of C.P.C against the judgment and decree of Principal Sub Court, Mayiladuthurai, dated 15.03.2007 made in A.S.No.133 of 2006, confirming judgment and decree of Principal District Munsif Court, Mayiladuthurai dated 14.09.2006 made in O.S.No.335 of 2005.)

(The case has been heard through video conference)

1. The suit for recovery of possession and mesne profit, the Trial Court granted the relief of recovery of possession of the suit property mentioned in “A” schedule except 2 feet East-West from the eastern tip of the gobar gas well in “D” schedule and leave to recover the mesne profit by separate proceedings.

2. On appeal, the trial Court judgment was confirmed. The aggrieved defendant as appellant is before this Court, challenging the concurrent findings.

3. The brief facts leading to the Second Appeal are as below:-

The plaintiff and the defendants are neighbouring land owners which original belong to a Temple. The ancestors of the parties have occupied the land and had constructed house in the respective land they are in occupation. “A” & “B” properties morefully described in the plaint schedule are the property in enjoyment