JUDGMENT :

The plaintiff in OS.No.710 of 2000 on the file of the District Munsif Court, Nagercoil is the appellant in this Second Appeal. The said suit was filed for permanent injunction restraining the respondents herein from dispossessing the plaintiff except by due process of law. The suit was decreed vide Judgment and Decree dated 20.08.2003. The I Appellate Court at the instance of the respondents herein reversed the same by the impugned Judgment and Decree dated 26.07.2004. Challenging the same, this Second Appeal came to be filed.

2. The Second Appeal was admitted on the following substantial questions of law.

"a) Whether the lower appellate Court had failed to discharge its duty as required under Section 96 of CPC, 1908?

b) Whether the Judgment of the lower appellate Court is correct, as it is contrary to the law laid down by the apex Court in its Order reported in 2004(3) LW 143, wherein, it has been held that persons in settled possession cannot be dispossessed except by due process of law?"

3. The learned counsel appearing for the appellant would submit that the suit property was in the possession and enjoyment of the plaintiff for several years. No doubt, it is a poramboke