JUDGMENT

(Prayer: The Second Appeal filed under Section 100 of CPC, against the judgment and decree made in A.S.No.40 of 1990 dated 25.03.1992 on the file of the Sub Court, Vridhachalam against the judgment and decree made in O.S.No.567 of 1984 dated 24.01.1990 on the file of the District Munsif Court, Kallakurichi.)

1. The plaintiff in O.S.No.567 of 1984 on the file of the District Munsif Court, Kallakurichi, is the appellant herein.

2. O.S.No.567 of 1984 had been filed by the plaintiff, M.Natarajan against the defendant, Sengoda Gounder seeking permanent injunction restraining the defendant from interfering with the peaceful possession of the suit schedule property. The suit schedule property was punja lands in S.No.309/4 measuring 1.5 cents and in S.No.309/5 measuring 1.97 cents. The said suit was decreed with costs by the Additional District Munsif Court, Kallakurichi, by judgment dated 24.01.1990. The defendant, then filed A.S.No.40 of 1990 before the Sub Court, Virudhachalam. By judgment dated 25.03.1992, the appeal was allowed with costs and the judgment and decree of the Trial Court was set aside.

3. The plaintiff, M.Natarajan, then filed the present Second Appeal. Pending the