JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of C.P.C., against the decree and judgment of the Subordinate Court, Thirupathur, Vellore District made in A.S.No.74/2005 dated 18.01.2006, modifying the decree and judgment of the Court of the District Munsif cum judicial Magistrate, Vaniyambadi, Vellore District made in O.S.No.30/1998 dated 27.06.2005.)

1. Defeated defendant is the appellant herein. The respondent / plaintiff filed O.S.No.30/1998 on the file of District Munsif-cum-Judicial Magistrate, Vaniyambadi for a declaration of his right and title in the suit property and for permanent injunction and also for mandatory injunction in respect of 10 cents of agricultural land.

2. The defendant / appellant filed written statement denying the right of the plaintiff inter-alia contending that the ridges between the properties are not straight as stated in the plaint but there was a curve towards the plaintiff's area and the land of the defendant is on a higher level and he is in possession of the portion measuring 4 cents wherein, he has planted 13 coconut trees for more than 17 years and he has perfected the title to the above said encroached portion by adverse possession an