JUDGMENT

(Prayer:Second Appeal filed under Section 100 CPC, 1908 against the decree and judgment dated 13.07.2011 passed in A.S. No.5 of 2011, on the file of the Principal Subordinate Judge, Erode, upholding the decree and judgment dated 19.01.2010 passed in O.S. No.162 of 2006, on the file of the II Additional District Munsif, Erode.)

1. The defendant who failed before both the courts below has filed this present Second Appeal.

2. The respondent/plaintiff filed the suit in O.S. No.162/06 before the II Additional District Munsif, Erode for a permanent injunction restraining the appellant/defendant from interfering with his peaceful possession and enjoyment of the suit property and also for a mandatory injunction directing the appellant/defendant to remove the encroachments made by him on the common wall. The suit property as described in the plaint, is a house bearing Door No.27, T.S. No.43 P, East Kongalamman Kovil Street, Erode Taluk and District, measuring 997 sq.ft. within the boundaries stated therein.

3. For the sake of convenience, the parties are referred to as per their ranking in the trial court and at appropriate places, their rank in the present appeal would also be indicat