JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Order 43 Rule 1(U) of the Code of Civil Procedure, to set aside the judgment and decree, dated 11.08.2010, passed in A.S.No.42 of 2009 on the file of the Sub Court, Sankarankoil, reversing the judgment and decree, dated 29.06.2009, passed in O.S.No.66 of 2008, on the file of the Principal District Munsif Court, Sankarankoil.)

1. This Appeal is filed to set aside the judgment and decree, dated 11.08.2010, passed in A.S.No.42 of 2009 on the file of the Sub Court, Sankarankoil, reversing the judgment and decree, dated 29.06.2009, passed in O.S.No.66 of 2008, on the file of the Principal District Munsif Court, Sankarankoil. The appellant herein is the first defendant, the first respondent herein is the plaintiff and the respondents 2 and 3 herein are the defendants 2 and 3 in the original suit.

2. The first respondent herein / plaintiff filed a suit in O.S.No.66 of 2008, on the file of the Principal District Munsif, Sankarankoil, for a prayer of declaration and for recovery of possession. The suit was dismissed by the trial Court. Against the same, the first respondent herein / plaintiff filed an appeal in A.S.No.42 of 2009,