JUDGMENT

The second appeal is filed by the legal heirs of the defendant in O.S.No.239 of 2004 on the file of the District Munsif Cum Judicial Magistrate, Neyveli.

2.The respondent's mother filed the suit in O.S.No.239 of 2004 on the file of the District Cum Judicial Magistrate, Neyveli for declaration of title and for mandatory injunction to remove the superstructure put up by the defendants in the suit property. The suit is also for recovery of compensation after removing the superstructure.

3.The suit property is an extent of 20 cents comprised in Suvey No.9 of 2015 in Kadallur District. It is the case of the plaintiffs that the suit property originally belonged to the first plaintiff's mother by name Ambuthachi. After the death of the first plaintiff's mother about 15 years back, the property was inherited by the first plaintiff. It is also stated that the suit property was cultivated by the plaintiff by Manavary Crops.

4. It is stated that patta was also given in favour of the first plaintiff and that the first plaintiff is the absolute owner of the property. It was stated that the defendant, who is the owner of the land on the south of the suit property, was trying to encroach the