JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, to set aside the judgment and decree dated 28.04.2005 in A.S.No.56 of 2003 on the file of the Sub Court, Srivilliputhur, in confirming the judgment and decree, dated 19.03.2003 in O.S.No.334 of 2000, on the file of the Principal District Munsif Court, Srivilliputhur.)

1. Aggrieved over the concurrent findings of the Courts below, the present Second Appeal has been filed.

2. The parties are arrayed in the Second Appeal, 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). Item No.1 as shown in the schedule of the plaint is ancestrally belonged to the plaintiff through his father and grandfather. The grandfather put up a construction in one portion of the Item No.1 in the suit schedule property and kept the other portion as a vacant site. The entire property devolved upon the plaintiff is surrounded by a common wall. Thereafter, the plaintiff has also partitioned the property on 02.04.1980. The defendant has no right in the suit schedule property. The defendant has put up a thatched hut in the said house in his porti