JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of C.P.C, praying against the judgment and decree dated 29.02.2008 made in A.S.No.94 of 2005 on the file of the Principal Subordinate Judge, Puducherry by confirming the judgment and decree dated 17.10.2005 passed in O.S.No.329 of 2002 on the file of the III Additional District Munsif, Puducherry.)

(The case has been heard through video conference)

1. The Appellant herein is the plaintiff in O.S.No.329 of 2002 on the file of District Munsif Court at Pondicherry. The suit is filed for a). Permanent injunction restraining the defendant from interfering the peaceful possession and enjoyment of the suit property and b). For mandatory injunction against the defendant directing her to hand over the key of the locked house of the suit property. After full Trial the suit was dismissed by the Trial Court. On further Appeal in A.S.No.94/2005 before the Principal Sub-Court at Pondicherry, the Trial Court judgment was confirmed. Hence, the present second appeal.

2. This Court, on considering the grounds raised in the Second Appeal formulated the following substantial question of law for consideration:-

Whether the judgment and decree is p