JUDGMENT

This second appeal has been preferred as against the decree and judgment passed by the Sub Court, Nagapattinam in AS No.9 of 2013 dated 18.07.2014.

2. The appellant herein has filed the suit before the District Munsif Court, Nagapattinam in OS No.275 of 2009 for the relief of recovery of possession and the same was decreed in favour of the plaintiff. Aggrieved by the said decree and judgment of the trial court, the defendant had preferred appeal in AS No.9 of 2013 before the Sub Judge, Nagapattinam and the same was allowed and the decree and judgment passed by the Trial Court were set aside and the suit was dismissed. Aggrieved by the said decree and judgment, the present second appeal has been preferred by the appellant/plaintiff.

3. The brief averments of the plaint are as follows:

3.1. The suit property and adjacent properties were purchased by the plaintiff through sale deed dated 06.03.1995 and he is in possession and enjoyment of the property. The plaintiff also purchased an extent of 40 cents land in RS No.22/5A at Puthur, Vadamalaiyan Pillan Thottam, where an extent of 8.25 cents land was sold and the remaining extent of 31.75 cents was retained with him. While so, in