JUDGMENT :

(Prayer : This Memorandum of Second Appeal is filed under Section 100 of Code of Civil Procedure, against the Judgment and decree dated 15.04.2009 made in A.S.No.27 of 2008 on the file of the Sub Court, Madurantagam, modifying the judgment and decree dated 16.12.2006 made in O.S.No.441 of 2004 on the file of the District Munsif Court, Madurantagam.)

1. The defendants in O.S.No.411 of 2004 on the file of the learned District Munsif, Madurantagam, are the appellants herein. Before the said Court, the respondent in this appeal filed the above referred suit as against the appellants, seeking the relief of declaration, declaring that the plaintiff is the absolute owner of ‘B’ schedule property and for granting consequential permanent injunction.

2. By judgment and decree dated 16.12.2006, the learned District Munsif, Madurantagam, allowed the suit in part, wherein the relief of declaration has been granted. In respect to the relief of injunction, the learned District Munsif, Madurantagam, dismissed the suit.

3. Aggrieved over the said finding, the plaintiff preferred an appeal in A.S.No.27 of 2008 before the learned Subordinate Judge, Madurantagam. By judgment and decree dated 15