JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 16.08.2010 made in A.S.No.10 of 2010 on the file of the Sub Court, Panruti, reversing the judgment and decree dated 23.12.2009 made in O.S.No.519 of 1995 on the file of the District Munsif, Panruti.)

1. The present appeal is directed against the judgment and decree dated 16.08.2010 passed in A.S.No.10 of 2010 on the file of the Sub Court, Panruti, reversing the judgment and decree dated 23.12.2009 passed in O.S.No.519 of 1995 on the file of the District Munsif, Panruti.

2. The appellant / plaintiff has filed the suit before the learned District Munsif, Panruti, in O.S.No.519 of 1995, seeking the relief of declaration, declaring that the plaintiff, is the absolute owner of the suit property and for permanent injunction, restraining the defendant and her men, agents and servants from interfering with the peaceful possession and enjoyment of the 1st item of the suit properties by the plaintiff and for recovery of the 2nd item of the suit properties from the defendant and for costs.

3. By judgment and decree dated 23.12.2009, the learned District Munsif, Panruti,