(1.) THE second appeal has been filed by the plaintiff against the judgment of the Sub Court, Tiruppatur made in A.S.No.5 of 1990 dated 16.7.1991 confirming the judgment of the trial Court in O.S.No.1808 of 1979 on the file of the Additional District Munsif, Tiruppatur dated 30.3.1990 granting the relief of declaration, but denying the relief of permanent injunction.
(2.) DESPITE service of notice, any one of the respondent appeared before this Court and hence the second appeal is taken up for final disposal and after hearing the learned counsel for the appellant and on scrutinizing the materials available on record, the following Judgment is rendered:
(3.) THE trial Court framed the issues, tried the suit and decreed the suit in respect of the relief of declaration and denied the relief for permanent injunction. Aggrieved plaintiff took it on appeal and the appeal was also met with the same fate. Hence, the present second appeal by the plaintiff.