JUDGMENT

Challenge in this second appeal is to the Judgment and Decree dated

08.08.2000 passed in A.S.No.33 of 2000 on the file of the Principal District Judge, Nagapattinam, reversing the Judgment and Decree dated 13.07.1999 passed in O.S.No.32 of 1996 on the file of the Principal Subordinate Judge, Nagapattinam.

2.For the sake of convenience, the parties are referred to as per the trial Court. The defendants are the appellants herein.

3. The suit has been filed for declaration and injunction. (i) to declare the title of the schedule of properties in the name of Late N.Jayarajan @ Shanmugam belonging to his estate and now vested on the plaintiffs.(ii) pass a decree by way of consequential injunction restraining the 2nd defendant, their agents, servants or assigns from interfering in anyway or in any manner with the peaceful enjoyment and possession of the plaintiffs or otherwise disturbing their enjoyment or right to possession or do any acts affecting or otherwise tampering with plaintiffs' title in any manner whatever.

4.The case of the plaintiffs, in brief, is as follows:-

(a) One Jeyarajan @ Shanmugam (deceased), who is the husband of the

1st plaintiff and father of the plaintiffs 2