JUDGMENT :

PRAYER :- This Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated 05.09.2011 made in A.S.No.67 of 2011 on the file of Sub Court, Devakottai, confirming the judgment and decree dated 08.12.2010 made in O.S.No.38 of 2009 on the file of Principal District Munsif Court, Karaikudi.

This appeal is filed against the order in A.S.No.67 of 2011 on the file of the Subordinate Court, Devakottai, confirming the judgment and decree in O.S.No.38 of 2009 on the file of the learned Principal District Munsif, Karaikudi. The appellant is the defendant in the original suit. The respondent is the plaintiff in the original suit. The respondent herein filed a suit for permanent injunction.

2.A brief substance of the plaint is as follows:

The suit property is situated in Kazhanivasal village. The plaintiff is having electricity connection and is paying house tax. The plaintiff is in possession of the property from the year 1993, by constructing a small thatched hut and he is using the vacant portion for cultivating vegetables. Two years prior to the filing of the plaint, the plaintiff removed the hut and constructed a house therein and the p