JUDGMENT

(Prayer: Second Appeal filed under Section 100 of C.P.C., against the Judgment and Decree dated 28.06.2013 made in A.S.No.1 of 2013 on the file of the Sub Court, Tiruchengode confirming of the Judgment and Decree dated 03.10.2012 made in O.S.No.304 of 2008 on the file of the Additional District Munsif Court, Tiruchengode.)

1. The plaintiffs are the appellants in this Second Appeal.

2. The case of the plaintiffs is that the father of the 1st plaintiff namely Elayappa Gounder was the owner of the property by virtue of a registered Sale Deed dated 07.05.1949, marked as Ex.A1. He had three sons and the 1st plaintiff is one of them. S.No.405 was allotted in favour of the 1st plaintiff in a family arrangement that took place among the family of Elayappa Gounder and patta was also issued in favour of the 1st plaintiff. The 2nd plaintiff is the son of the 1st plaintiff and he was taking care of the cultivation of the land in S.No.405. The further case of the plaintiff is that the defendant is the owner of the portion of the land in S.No.406. According to the plaintiffs, their property lies in the west of the defendant’s land and the land belonging to one Kalyani. There is a well laid