JUDGMENT :

(Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and Decree of the learned District Munsif of Kangayam in O.S.No. 3 of 1995 dated 23.02.1996.)

1. The 2nd defendant, Srinivasan, in O.S. No. 3 of 1995 on the file of the District Munsif Court, Kangeyam is the appellant herein.

2. The said suit was filed by the 1st Respondent, K. Latheef, originally only against the 2nd respondent herein, the Executive Officer, Town Panchayat, Kangayam, seeking declaration that the plaintiff was entitled to the suit property and for permanent injunction restraining the said Executive Officer, Town Panchayat, Kangeyam from interfering with the right of the plaintiff to put up construction in the suit property and to enjoy the same. The appellant herein, Srinivasan, got himself impleaded as the 2nd defendant in the suit and contested the claim of the plaintiff.

3. The suit schedule property was described as land measuring 2536 ¾ sq. ft., with right to build building therein, situated at Natham S. No. 1209 in Kangayem, Erode District.

4. By judgment dated 23.02.1996, the District Munsif, Kangeyam, dismissed the suit. However, by judgment dated 30.0