JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree of the Additional Subordinate Judge's Court II at Trichy, dated 28.08.2001 in A.S.No.180 of 1999 confirming the judgment and decree of the District Munsif Court, Manaparai, dated, 05.10.1993 in O.S.No.667 of 1982.)

1. The 1st defendant is the appellant.

2. The plaintiffs filed a suit for declaration of title and permanent injunction for an extent of 4.01 acres in R.S.No.785/1. The suit was decreed by the trial Court. The 1st defendant filed A.S.No.180 of 1999 before II Additional Subcourt, Trichy. The learned Subordinate Judge was pleased to dismiss the appeal. Hence, the 1st defendant has preferred the present second appeal.

3. The plaintiffs contended that the suit schedule property is the ancestral property of the plaintiffs and they have partitioned the same under a registered partition deed, dated, 01.05.1969 under Exhibit A.1. The patta passbook has been issued in their favour in patta No.360 under Exhibit A.2. The chitta has been issued in favour of the plaintiffs under Exhibit A.3. The adangal extracts have been filed as Exhibit A.4. The kist receipts have been