JUDGMENT

This Appeal is filed to set aside the judgment and decree, dated

11.08.2010, passed in A.S.No.42 of 2009 on the file of the Sub Court, Sankarankoil, reversing the judgment and decree, dated 29.06.2009, passed in O.S.No.66 of 2008, on the file of the Principal District Munsif Court, Sankarankoil. The appellant herein is the first defendant, the first respondent herein is the plaintiff and the respondents 2 and 3 herein are the defendants 2 and 3 in the original suit.

2. The first respondent herein / plaintiff filed a suit in O.S.No.66 of

2008, on the file of the Principal District Munsif, Sankarankoil, for a prayer of declaration and for recovery of possession. The suit was dismissed by the trial Court. Against the same, the first respondent herein / plaintiff filed an appeal in A.S.No.42 of 2009, on the file of the Sub Court, Sankarankoil. In the appeal, the first appellate Court has passed an order remanding the case again to the trial Court for fresh disposal, after appointing a Court Commissioner. Against that order, the the first defendant / appellant herein has filed this appeal.

3. Brief substance of the plaint in O.S.No.66 of 2008 is as follows:-

The suit property and ot