JUDGMENT :-

(Prayer: The Second Appeal filed under Section 100 of C.P.C., against the Judgement and Decree dated 23.12.2008 made in A.S.No.45 of 2006 on the file of the Sub Court, Maduranthakam confirming the judgement and decree dated 30.03.2005 made in O.S.No.234 of 1997 on the file of the District Munsif Court, Maduranthakam.)

1. This Second Appeal has been filed against the Judgement and Decree dated 23.12.2008 passed in A.S.No.45 of 2006 on the file of the Sub Court, Maduranthakam confirming the judgement and decree dated 30.03.2005 passed in O.S.No.234 of 1997 on the file of the District Munsif Court, Maduranthakam and to set aside the same.

2. The Appellant is the defendant.

The short facts of the plaintiffs’ case are as under:

3. The suit property is the service Inam land originally classified as 'Vetti Maniam' and the same had been given to the plaintiffs’ forefathers. After the demise of their forefather Thulukkanam, the patta was transferred to their name in Patta No.335. From then onwards, they were in enjoyment of the same by paying kist. The defendant has no manner of right or title in the suit property but he is causing threat to the plaintiffs enjoyment. On 18.08.1997 a