JUDGMENT :

The defendant is the appellant herein.

2. The plaintiff filed O.S.No.510 of 1995 before the Additional District Munsif Court, Tiruchendur for declaration of title and permanent injunction over three schedules of properties. The trial Court decreed the suit with regard to 1st and 2nd schedule properties and dismissed the suit with regard to 3rd schedule property. Challenging the said judgment and decree of the trial Court, the plaintiff filed A.S.No.16 of 2000 before the Sub Court, Tuticorin. The First Appellate Court allowed the appeal and granted a decree in favour of the plaintiff for 3rd schedule property also. As against the same, the present second appeal has been filed by the defendant. The plaintiff is the owner of the 3rd schedule item of property and prayed for decree as prayed for.

3. On the other hand, the defendant filed a written statement disputing the genealogy claimed by the plaintiff and also disputed the title and possession of the plaintiff over all the suit schedule properties. The trial Court after consideration of the oral and documentary evidence, arrived at a conclusion that the plaintiff has established his title and possession over the 1st and 2nd