JUDGMENT :

Prayer: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree, dated 13.01.1999 made in A.S.No.122 of 1997, on the file of the learned District cum Sessions Judge and Chief Judicial Magistrate, Ramanathapuram, reversing the judgment and decree, dated 23.12.1996 made in O.S.No.423 of 1993, on the file of the learned Principal Disrtrict Munsif, Ramanathapuram.

1. This second appeal has been filed as against the judgment amd decree of the reversal finding of the First Appellate Court, setting aside the judgment and decree of the trial Court, dismissing the suit as prayed for declaration and injunction.

2. The parties are referred to as per their own ranking before the trial Court.

3. The brief facts leading to the filing of the present second appeal are as follows:

3. (1). It is the case of the plaintiff that the suit property bearing No.334/3 is situated at Narayana Mangalam Group, Vadakunenthal Village, Ramanathapuram District. The plaintiff traces the title through his grand-father, viz., Dharmaraj, in whose favour, the Patta No.6 is said to have been issued by the Samasthanam. After his demise, his two sons viz., Perisamy Naidu and Subbaiah Naidu,