JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure to set aside the Judgment and Decree dated 27.06.2019 made in A.S. No.37 of 2015 on the file of the II Additional Subordinate Judge, Coimbatore and confirming the Judgment and Decree dated 26.03.2015 made in O.S. No.580 of 1995 on the file of the III Additional District Munsif Court, Coimbatore.)

1. The second defendant who suffered concurrent findings before the trial Court as well as the First Appellate Court also, is the appellant.

2. The parties are described as per their litigative status before the trial Court.

3. The first respondent herein, as plaintiff, filed the suit for a direction to remove the encroachment and unauthorised construction put up by the defendants 1 to 3 in the 'A' schedule property, and for handing over possession of ‘B’ schedule property to the plaintiff. A relief of permanent injunction restraining defendants 2 and 3 was also sought for to prevent them from putting up any further construction in the suit property.

4. The second defendant filed a written statement stating that he was the owner of site No.106 and the plaintiff had earlier filed O.S. No.1647 of 1992, again