JUDGMENT :

G.R. SWAMINATHAN, J.

Prayer: Second Appeal filed under Section 100 of CPC., to set aside the judgment adn decree passed in A.S.No. 117 of 2005 on the file of the Sub Court, Tuticorin dated 16.11.2009 reversing the judgment and decree in O.S.No. 369 of 1999 on the file of the Additional District Munsif Court, Tuticorin dated 15.10.2004.

1. The plaintiff in O.S.No. 369 of 1999 on the file of the Additional District Munsif Court, Tuticorin is the appellant in this second appeal.

2. The suit prayer was for declaring the order passed by the local body on 25.08.1999 for demolition of the petition mentioned building as illegal and for consequential permanent injunction. Based on the divergent pleadings, issues were framed. P.W.1 to P.W.5 were examined on the side of the plaintiff. Ex.A.1 to Ex.A9 were marked. On the side of the defendant, two witnesses were examined. Ex.B.1 to Ex.B.9 were marked. The trial Court decreed the suit as prayed for on 15.10.2004. The local body filed A.S.No. 117 of 2005 before the Sub Court, Tuticorin and it was allowed on 16.11.2009. Challenging the same, the plaintiff filed this second appeal. It is admitted on 04.03.2010 on the following substantial q