(1.) THE above Second Appeal arises against the judgment and decree passed in A.S. No. 23 of 2007, on the file of the Subordinate Court, Thoothukudi, confirming the judgment and decree passed in O.S. No. 145 of 2005(O.S. No. 4 of 1997, Subordinate Court, Thoothukudi), on the file of the Principal District Munsif cum Judicial Magistrate, Tiruchendur.
(2.) THE first appellant who was the defendant in the suit had died during the pendency of the Second Appeal and his legal representatives were brought on record as the appellants 2 to 10. The respondent was the plaintiff in the suit. The plaintiff filed the suit in O.S. No. 4 of 1997 for declaration, recovery of possession and for mesne profits.
(3.) THE brief case of the defendant is as follows: