JUDGMENT :

(Prayer: This Memorandum of Second Appeal is filed under Section 100 of Code of Civil Procedure, against the Judgment and decree dated 09.12.2009 made in A.S.No.70 of 2008 on the file of the learned Principal Subordinate Judge, Gopichettipalayam, confirming the judgment and decree dated 24.06.2008 made in O.S.No.13 of 2004 on the file of the learned District Munsif, Sathyamangalam.)

1. Aggrieved over the concurrent findings, made in A.S.No.70 of 2008 dated 09.12.2009 on the file of the learned Principal Subordinate Judge, Gopichettipalayam, and in O.S.No.13 of 2004 dated 24.06.2008, on the file of the learned District Munsif, Sathyamangalam, the defendant in the above referred suit, preferred the second appeal praying to set aside the judgment and decree passed by the Courts below.

2. The respondent filed a suit as against the appellant in O.S.No.13 of 2004 on the file of the learned District Munsif, Sathyamangalam, seeking the relief of permanent injunction restraining the appellant from interfering with his physical possession and enjoyment of the suit schedule property.

3. By judgment and decree dated 24.06.2008, the learned District Munsif, Sathyamangalam, allowed the su