JUDGMENT :

(Prayer : Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree passed in A.S.No.65 of 2008 dated 16.08.2010 on the file of the Court of Principal Subordinate Judge, Mayiladuthurai, in reversing the judgment and decree passed in O.S.No.227 of 2006 dated 14.12.2007 on the file of the Court of Principal District Munsif, Mayiladuthurai.)

1. Aggrieved over the reversal of the decree and judgment granted by the Trial Court, the present Second Appeal has been preferred by the appellants/defendants.

2. For the sake of convenience, the parties are called as per their ranking in the Suit.

3. The Suit was filed for delivery of possession. The defendants are the appellants. The Suit schedule property contains two items situated in (i) R.S.No.497/2 measuring an extent of 0.07 cents; and (ii) R.S.No.497/1 measuring an extent of 0.01 1/3 cents. The Trial Court after framing appropriate issues had dismissed the Suit against the respondent/plaintiff. On appeal, the Lower Appellate Court, partly allowed the same granting recovery of possession in respect of first item of the Suit property and confirming the decree in respect of second item of the Suit