JUDGMENT :

(Prayer: Second Appeal has been filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 26.06.2009 made in A.S.No.16 of 2008 on the file of the learned Subordinate Judge, Neyveli confirming the judgment and decree dated 02.02.2008made in O.S.No.146 of 2004 on the file of the learned District Munsif-cum-Judicial Magistrate, Neyveli.)

(The case has been heard through Video Conferencing)

1. The Second Appeal is directed against the concurrent finding of the Courts below, dismissing the suit filed by the appellant for Mandatory Injunction to direct the respondents herein to issue patta for the suit property in his name by reclassifying the land in question as Ayan Punjai.

2. The case of the appellant is that, 1.24.5 Hectares of land in new S.No. 113/11 at Thenkuthu village, Kurinjipadi Panjayat Union, Cuddalore District originally belonged to Arunachala Samuttiyar, which he got it under an Exchange Deed on 29/08/1929 from one Thalayari by name Venkatachala Samban. Arunachala Samuttiyar sold the suit property to one Ramalinga Padaiyatchi on 12/10/1932 who in turn re-sold the property to Arunachala Samuttiyar on 06/09/1948. From Arunachala Samutt