JUDGMENT

(Prayer: Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 17.09.1992 made in A.S.No.16 of 1977 on the file of the II Additional District Judge, Tirunelveli, confirming the judgment and decree dated 14.09.1976 made in O.S.No.628 of 1974 on the file of the Additional District Munsif Court, Tirunelveli.)

1. The defendant in the suit is the appellant. The respondent herein filed a suit for declaration of title and recovery of possession. The suit was decreed by the trial Court and on appeal filed by the appellant, the findings of the trial Court were confirmed. Aggrieved by the same, the appellant is before this Court.

2. According to the respondent/plaintiff, the suit property belonged to him as he purchased the same under sale deed dated 23.06.1962. The respondent claimed that from the date of purchase, he had been in possession and enjoyment of the suit property till 1972. It was further averred that the appellant trust owns a school on the western side of the suit property. It was further averred that in or about 1972, the appellant school authorities trespassed into the suit property. The respondent sent a pre-suit notice to t