BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 24.04.2018 PRONOUNCED ON : 07.06.2019 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Second Appeal(MD)No.93 of 2013 and M.P.(MD)No.1 of 2013 Instine :Appellant / Respondent / Defendant -Vs-

Raj : Respondent / Appellant / Plaintiff Prayer: Second Appeal filed under Section 100 of the Code of the Civil Procedure, to set aside the judgment and decree dated 27.01.2012, passed in A.S.No.85 of 2011 on the file of the Sub Court, Thoothukudi, reversing the judgment and decree dated 10.03.2011 passed in O.S.No.64 of 2008 on the file of the District Munsif Court, Sathankulam.

For Appellant :Mr.C.Dhanaseelan For Respondent :Mr.M.P.Senthil ***

JUDGMENT

The defendant in the suit in O.S.No.64 of 2008 on the file of the District Munsif Court, Sathankulam, is the appellant in this appeal.

2.The respondent in this appeal, as plaintiff, filed the suit in O.S.No.64 of 2008 before the District Munsif Court, Sathankulam, for permanent injunction restraining the defendant/appellant from interfering with his peaceful possession and enjoyment of the suit property.

3.The case of the plaintiff, as pleaded in the plaint, is as follows:

3.1.The suit property w