JUDGMENT :

Prayer: Second Appeal filed under Section 100 of CPC, 1908 against the judgment and decree of the learned Principal Subordinate Judge, Tidivanam made in A.S. No. 53 of 2006 dated 30.03.2007 confirming the judgment and decree of the learned Additional District Munsif, Tindivanam, made in O.S. No.85 of 2003 dated 31.08.2006.

1. Challenge in this second appeal is made to the judgment and decree dated 30.03.2007 passed in A.S. No. 53 of 2006 on the file of the Principal Subordinate Court, Tidivanam, confirming the judgment and decree dated 31.08.2006 passed in O.S. No.85 of 2003 on the file of the Additional District Munsif Court, Tindivanam,

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

3. The defendant in OS.No.85 of 2003 is the appellant in the Second Appeal.

4. Suit for declaration and permanent injunction.

5. Briefly stated, the case of the plaintiffs is that the suit has been laid by the plaintiffs on behalf of the villagers of Jakkampettai in the representative capacity and the suit property has been ear marked for the benefit of the villagers of the Jakkampettai village and enjoyed by the villagers in common and out o