JUDGMENT :

(Prayer: This Memorandum of Second Appeal is filed under Section 100 of Code of Civil Procedure, against the Judgment and decree dated 30.06.2008 made in A.S.No.292 of 2007, on the file of the learned Additional District Judge (FTC-V), Chennai, reversing the judgment and decree dated 31.07.2006 made in O.S.No.1472 of 1998 on the file of the learned XIII Assistant Judge, City Civil Court, Chennai.)

1. The Second Appeal is focused as against the judgment and decree dated 30.06.2008 made in A.S.No.292 of 2007, on the file of the learned Additional District Judge (FTC-V), Chennai, reversing the judgment and decree dated 31.07.2006 made in O.S.No.1472 of 1998 on the file of the learned XIII Assistant Judge, City Civil Court, Chennai. The suit is for recovery of possession.

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 plaintiff is the absolute owner of an undivided 1/3rd share of the land situated in the sanctioned plan of West Madras Neighbourhood Scheme bearing Plot No.3736, Door No.Q19, 17th Street, Anna Nagar, Madras –600 040. T