JUDGMENT

(Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code, against the decree and judgment of A.S.No.9 of 2008, dated 22.01.2009 on the file of the Principal Sub Judge, Tenkasi, against the decree and judgment of O.S.No.163 of 2005, dated 30.07.2007 on the file of the Additional District Munsif Court, Tenkasi.)

1. The unsuccessful plaintiff in O.S.No.163 of 2005 on the file of the Additional District Munsif Court, Tenkasi, is the appellant in this second appeal.

2. The appellant filed the said suit seeking the relief of declaration that the suit second schedule property belongs to her absolutely and for removing the construction put up by the respondent in a portion of the suit second schedule property which had been described as the suit third schedule. The respondent herein filed written statement controverting the plaint averments. The respondent also raised a counter claim seeking declaration that the first schedule of the written statement is a common pathway and that the construction put up by the appellant in the said common pathway has to be removed. The appellant's construction has been shown as the second schedule to the written statement. Based on