JUDGMENT :

Prayer: Second Appeal is filed under Section 100 of C.P.C, against the judgment and decree passed in A.S.No.5 of 2004 dated 13.08.2004 on the file of Sub Court, Kovilpatti confirming the judgment and decree passed in O.S.No.143 of 2002 on the file of the District Munsif Court, Kovilpatti, dated 01.12.2003.

1. The defendant is the appellant herein.

2. The plaintiffs filed O.S.No.143 of 2002 before the District Munsif Court, Kovilpatti for the relief of declaration that the 2nd schedule property absolutely belongs to them and for consequential permanent injunction restraining the defendant from creating any doorway in the suit lane. The suit was decreed as prayed for by the trial Court. The defendant filed A.S.No.5 of 2004 before the Subordinate Court, Kovilpatti. The First Appellate Court though confirmed the judgment and decree of the trial Court, granted permission to the defendant to enter into the 2nd schedule property in order to maintain the western wall of the defendant. As against the said judgment and decree, the present second appeal has been filed by the defendant.

3. The plaintiffs had contended that the suit schedule properties are originally owned by the plainti