JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of C.P.C, against the judgment and decree made in A.S. No. 58 of 2002 dated 03.08.2004 on the file of the Subordinate Court, Padmanabhapuram reversing the judgment and decree made in O.S.No.900 of 1992 dated 31.01.1995 on the file of the Additional District Munsif Court, Padmanabhapuram.)

The plaintiff is the appellant.

2. The plaintiff filed O.S.No.900 of 1992 before the Additional District Munsif Court, Padmanabhapuram for the relief of declaration of title and permanent injunction for an extent of 40 cents out of 3 acres and 30 cents in Survey Nos.3018 and 3019 correlated to R.S.Nos.139/1, 139/4, 86/2 and 75. The trial Court decreed the suit for an extent of 5 cents alone. The defendants filed A.S.No.58 of 2002 before the Subordinate Court, Padmanabhapuram. The first appeal was allowed dismissing the suit in entirety. As against the same, the present second appeal has been filed by the plaintiff.

3. The plaintiff has contended that the suit schedule property having an extent of 40 cents is located in old survey Nos.3018 and 3019 which are correlated to R.S.Nos.139/1, 139/4, 86/2 and 75. According to the plaintiff, the said