JUDGMENT :

Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree, dated 18.11.2010 passed in A.S.No.224 of 2005, on the file of the Principal Sub Court, Kumbakonam, confirming the judgment and decree dated 22.12.2000 passed in O.S.No.377 of 1998 on the file of the Principal District Munsif Court, Kumbakonam.

1. The concurrent Judgments and decrees passed in O.S.No.377 of 1998 by the Principal District Munsif Court, Kumbakonam and in A.S.No.224 of 2005, by the Principal Sub Court, Kumbakonam, are being challenged in the present Second Appeal.

2. For the sake of convenience, the parties are referred to as, as described before the trial Court.

3. The appellant/plaintiff has instituted a suit in O.S.No.377 of 1998, on the file of the trial Court, for the relief of permanent injunction restraining the defendants, their heirs, agents, men, servants or anybody claiming through them in any way using the suit property for any purpose other than agriculture or to carry out any construction works thereon and also for the relief of granting mandatory injunction directing the defendants and any person claiming through them to remove the newly p