JUDGMENT :

Prayer: This Memorandum of Second Appeal is filed under Section 100 of Code of Civil Procedure, against the Judgment and decree dated 06.02.2009 made in A.S.No.21 of 2008 on the file of the learned II Additional Subordinate Judge, Gobichettipalayam, confirming the judgment and decree dated 22.10.2007 made in O.S.No.21 of 2004 on the file of the learned District Munsif, Sathyamangalam.

1. The Second Appeal is focused as against the judgment and decree dated 06.02.2009 passed in A.S.No.21 of 2008 by the learned II Additional Subordinate Judge, Gobichettipalayam, confirming the judgment and decree dated 22.10.2007, made in O.S.No.21 of 2004 by the learned District Munsif, Sathyamangalam.

2. For the sake of convenience, hereinafter the parties are referred to, as per their litigative status before the trial Court.

3. The laconic averments made in the plaint, are as follows:

(i) The 1st plaintiff is the absolute owner of the land comprised in Survey Nos.167/2, 8, 10, 166/5, 6, 9 and 174/3, 5 of Sunkarampalayam Village. Similarly, the 2nd and 3rd plaintiffs are having the lands in Survey Nos.166/2, 3, 4, 7, 8, 10, 11, 167/3, 4, 9 and in 174/4, 6, 7 of the same village. The 3rd plai