(1.) The appellant is the plaintiff in O.S.No.876 of 1995, on the file of the Additional District Munsif, Tiruchendur. The respondents are the defendants in the above said suit. The appellant filed a suit against the respondents for declaration and permanent injunction restraining the respondents from raising any construction in the suit property. After trial, the learned Additional District Munsif, Tiruchendur dismissed the suit. Against which, the plaintiff filed an appeal before the Principal District Court, Tuticorin in A.S.No.168 of 1998. The learned Principal District Judge, after hearing the arguments, dismissed the appeal in A.S.No.169 of 1998 confirming the decree and judgment passed by the Trial Court in O.S.No.876 of 1995. Challenging the said judgment and decree passed by the first appellate Court in A.S.No.168 of 1998, the appellant has filed the present second appeal before this Court.
(2.) This Court admitted the second appeal on the following substantial question of law:-
(3.) The brief facts as stated by the appellant in the plaint before the trial Court is that the appellant purchased the suit property from one Amirthalinga Nadar on 01.08.1980 through registered sale deed. From that date onwards, he is enjoying the property. His vendor Amirthalinga Nadar has got the property through gift deed dated 04.01.1964. The appellant has got right in the suit property and he has been enjoying the property more than a statutory period and he has also got title by adverse possession. The respondents tried to encroach the suit property and put up a construction and therefore, the appellant filed a suit for declaration and injunction.