JUDGMENT

Second Appeal is filed under Section 100 of the Code of Civil Procedure , against the judgment and decree dated 21.02.2002 made in A.S.No.23 of 2001 on the file of the Principal Subordinate Court, Kumbakonam, confirming the judgment and decree dated 20.12.2000 made in O.S.No.374 of 1995 on the file of the Principal District Munsif Court, Valangaiman at Kumbakonam.

2. The case of the plaintiff, in brief, is as follows:

(a) The suit property is absolutely owned by "Thiruvaduthurai Atheenam"and the plaintiff is the cultivating the suit property and also other properties belonging to the said "Thiruvaduthurai Atheenamn"

(b) The total extent in the suit survey number is 33 cents, which is a plantain grove. There are two thatched houses and one thatched shed in the property in the suit survey number and that, the extent of about 5 cents is not the subject matter of the suit. The subject matter of the suit is only 28 cents of "plantain kollai" in the suit survey number. The plaintiff is filing a rough plan, which clearly explains the topography of the suit property and the red mark portion is the suit property, which roughly measures about 28 cents. In the green marked portion, th