JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Learned Additional Subordinate Judge, Salem dated 24.11.2006 made in A.S.No.138 of 2006 confirming the judgment ad decree of the learned I Additional District Munsif of Salem dated 01.08.2005 made in O.S.No.1816 of 2004.)

1. Challenge in this second appeal is made to the judgment and decree dated 24.11.2006 passed in A.S.No.138 of 2006 on the file of the Additional Subordinate Court, Salem, confirming the judgment and decree dated 01.08.2005 passed in O.S.No.1816 of 2004 on the file of the Additional District Munsif Court, Salem.

2. For the sake of convenience, the parties are referred to as per their rankings in the trial court.

3. The second defendant in O.S.No.1816 of 2004 is the appellant in this second appeal.

4. Suit for declaration and permanent injunction.

5. The case of the plaintiffs in brief is that the plaintiffs are entitled to the suit properties by virtue of the partition deed dated 06.03.1986 whereunder, the plaintiffs had been allotted the B and C schedule respectively and the patta also stands in the name of the plaintiffs independently and the plaintiffs are enjo