JUDGMENT

(Prayer: Second Appeal has been filed under Section 100 of CPC against the Judgement and Decree dated 05.03.2004 passed in A.S.No.19 of 2003 on the file of the Principal Subordinate Judge, Tindivanam, reversing the Judgment and Decree dated 30.11.2001 passed in O.S.No.420 of 1995 on the file of the District Munsif cum Judicial Magistrate, Vanur.)

1. Challenge in this second appeal is to the Judgment and Decree dated 05.03.2004 passed in A.S.No.19 of 2003 on the file of the Principal Subordinate Judge, Tindivanam, reversing the Judgment and Decree dated 30.11.2001 passed in O.S.No.420 of 1995 on the file of the District Munsif cum Judicial Magistrate, Vanur.

2. For the sake of convenience, the parties are referred to as per their rankings in the trial Court. The plaintiff is the appellant herein.

3. In the suit for declaration of the title and possession, the plaintiff could succeed only on the strength of his own title by reducing sufficient evidence and even if the title set up by the defendant is found against, in the absence of establishment of plaintiff's own title, the plaintiff must be non-suited. This is the legal position as reiterated in the case of Union of India and