JUDGMENT :

(Prayer: This Second Appeal is filed under Section 100 of Code of Civil Procedure to set aside the judgment and decree in A.S.No.145 of 2007 dated 31.08.2009 passed by the Principal Sub-Court, Virudhachalam, in reversing the judgment and decree in O.S.No414 of 1998 dated 27.10.2006 passed by the Principal District Munsif, Virudhachalam.)

(Heard through video conferencing)

1. This Second Appeal has been preferred against the judgment and decree dated 31.08.2009 passed in A.S.No.145 of 2007 by the learned Principal Sub Judge, Virudhachalam.

2. The appellant was the first defendant, 1st respondent was the plaintiff and the respondents 2 to 5 were the defendants 3 to 6 in the suit.

3. The averments made by the parties in brief:-

The plaintiff has filed the suit for bare injunction. He has claimed that he has purchased the suit property from one Duraisamy Padayachi by virtue of a sale deed dated 04.07.1977. From the date of purchase, he has been in enjoyment of the suit property for storing hay sticks and to dispose the garbage as it lies adjacent to his house on a vacant site and he was in enjoyment of the same without paying any kist. The defendants attempted to purchase the suit