JUDGMENT

This Second Appeal has been filed against the Judgment and decree dated 28.04.2008 passed in A.S.No.99 of 2007 on the file of the Principal District Judge, Erode reversing the judgment and decree dated 18.04.2007 made in O.S.No.10 of 2004 on the file of learned District Munsif cum Judicial Magistrate, Kodumudi.

2. The facts which gave raise to the filing of the present Second Appeal are stated hereunder:

The appellant was the plaintiff and the respondents were the defendants in the suit. The plaintiff filed a suit seeking for declaration, to declare him as co-owner along with the defendants in respect of suit ''A'' schedule property and for permanent injunction restraining the defendants from in any manner interfering with the plaintiff's peaceful possession and enjoyment of suit ''A'' schedule property either by putting up any construction or causing any obstruction and further for mandatory injunction, directing the first defendant to remove the wall with doorway, toilet and septic tank morefully described in suit ''B'' schedule property.

3. According to the plaintiff, he purchased the properties on 14.09.1981 along with one Santhanam and second defendant. The said Santhana