JUDGMENT :

(Prayer: This Second Appeal is filed under Section 100 of Code of Civil Procedure against the judgment and decree dated 13.03.2008 made in A.S.No.4 of 2008 on the file of the Sub-ordinate Judge, Pollachi, modifying the judgment and decree dated 24.08.2007 made in O.S.No.395 of 2001 on the file of the District Munsif Court, Pollachi.)

(Heard through video conferencing)

1. This Second Appeal is directed against the Judgment and Decree dated 13.03.2008 passed in A.S.No.4 of 2008 by the Sub-ordinate Judge, Pollachi, modifying the Judgment and Decree dated 24.08.2007 passed in O.S.No.395 of 2001 by the District Munsif Court, Pollachi.

2. The Plaintiff is the Appellant herein.

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

The suit property is situated at V. Kaliyapuram Village, Pollachi Taluk; it is the absolute property of the plaintiff and he is in peaceful possession and enjoyment of the suit property; the defendant, who has his property on the eastern side had tried to encroach the suit property and remove the survey stones; hence, the plaintiff has filed the suit for permanent injunction.

3.1 The defendant has filed his written statement by stating that he has purchased his p