JUDGMENT :

R. VIJAYAKUMAR, J.

Prayer: Second Appeal is filed under Section 100 of C.P.C. to set aside the judgment and decree dated 26.11.2018 passed in A.S. No. 63 of 2013 on the file of the Subordinate Court, Thoothukudi confirming the judgment and decree dated 05.01.2011 passed in O.S. No. 565 of 2008 on the file of the Principal District Munsif, Thoothukudi.

1. The defendant is the appellant.

2. The plaintiff filed O.S. No. 565 of 2008 before the Principal District Munsif Court, Thoothukudi for mandatory injunction against the defendant to remove the construction made by the defendant in the second schedule property and for removal of encroachment in the second schedule property. The suit was decreed by the trial Court. The defendant filed A.S. No. 63 of 2013 before the Subordinate Court, Thoothukudi. The learned Subordinate Judge dismissed the appeal. As against the concurrent finding, the defendant has filed the above second appeal.

3. The Tamil Nadu Housing Board as plaintiff has filed the suit contending that the plaint schedule properties were acquired in an award dated 29.07.1988. They are in possession and enjoyment of the suit schedule properties from 13.09.1989 onwards. Acc