JUDGMENT :

(Prayer: Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 21.02.2001 made in A.S.No.199 of 1997 on the file of the Sub Court, Padmanabhapuram, confirming the judgment and decree dated 24.11.1997 made in O.S.No.894 of 1991 on the file of the Additional District Munsif Court, Padmanabhapuram.)

1. The defendant in the suit is the appellant. The suit was laid for declaration of title and for consequential injunction restraining the appellant/defendant from trespassing into the suit property or committing act of waste. The suit was decreed by the trial Court and confirmed in the first appeal and hence, the appellant is before this Court.

2. According to the plaint averments, the suit property was originally belonged to the father of the deceased 1st respondent/plaintiff viz., Chellian. After death of his father, the deceased 1st respondent/plaintiff inherited the suit property and he has been in possession and enjoyment of the same. It was also averred that patta to the suit property was obtained by the 1st respondent and he has been paying tax to the Government regularly. It was specifically averred in the plaint that the appella