JUDGMENT

Aggrieved over the concurrent findings made in O.S.No. 338 of 1983 and A.S.No.40 of 1996 on the file of the District Munsif Court, Palani and Subordinate Court, Palani, respectively the appellant/plaintiff filed this second appeal prayed to set aside the findings arrived at by the Courts below.

2.Before the trial Court, the plaintiff/appellant Ramasamy filed a suit against the respondents/ defendants seeking the relief of declaration declaring that the plaintiff is entitled the suit property and consequently, the relief of permanent injunction restraining the defendants and their men from interfering with the plaintiff peaceful possession and enjoyment. The learned District Munsif, Palani, by judgment and decree dated 22.08.1994 decreed the suit declaring that the plaintiff is the absolute owner of the property in S.F.No.118/1 of Chinthalavadampatti village only to an extent of 3 Acre 19 Cents situated on the northern side. Further, granted the relief of declaration that the plaintiff is entitled only 5/7^th share in the well situated in S.F.No.127/2. Accordingly, the trial Court has not granted the relief in favour of the plaintiff in respect to 5.40 acres, since the same wa