JUDGEMENT

This second appeal is filed by the defendant in the suit as against the judgement and decree dated 09.02.2012 passed by the Subordinate Judge, Tiruvarur, in A.S.No.41 of 2011, reversing the judgement and decree, dated 03.08.2011, passed by the District Munsif Court, Tiruvarur, in O.S.No.101 of 2011, which was one for permanent injunction and recovery of possession.

2.The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the trial Court.

3.The appellant herein is the defendant and the respondents are the plaintiffs in the suit. The plaintiffs approached the trial Court, by filing O.S.No.101 of 2011, for permanent injunction and recovery of possession. According to the plaintiffs, the father of plaintiffs 2 to 4 and husband of the first plaintiff one Chinnaiyan had purchased the suit property on 12.08.1989. After the death of Chinnaiyan, the suit property was in the joint possession and enjoyment of all the plaintiffs. According to them, the defendant tried to encroach upon the suit property, on 02.08.2009, by putting up thatched hut measuring about

360 sq.ft. on the North-West of the suit property.

4.On beha