JUDGMENT :

1. This Second Appeal has been preferred against the judgement and decree dated 06.08.2009 in A.S.No.9 of 2009 of the file of the Court of Subordinate Judge at Nagapattinam confirming the judgment and Decree dated 08.04.2008 in O.S.No.284 of 2000 on the file of the Court of District Munsif at Nagapatinam.

2. The Appellant is the plaintiff in the suit.

3. The short facts of the plaintiff case are as follows:-

The suit property is a part of poramboke property situated in survey No. 22/2 of Puthur, Anthanampettai, Nagapattinam taluk and which had a total extent of 1.92 acres. The said survey number has been sub-divided into 22/2, 22/5 A, 5 C, 5 D, 22/6 and 22/7. The survey No.22/2 was allotted to the enjoyment of the Jayaveera Anjaneyar Temple. The property in survey No.22/6 was in enjoyment of the father of the plaintiff as its lessee. The defendant’s father requested permission from the father of the plaintiff a small portion to build a house for him. Accordingly defendant’s father was permitted to build a house in the site measuring about 26’ x 18’ feet and the defendant and his father are in enjoyment of the same. Subsequently Government gave patta for 8 cents in survey No.