(1.) The present second appeal has been filed by the defendant as against the judgment and decree passed by the learned Additional District Judge, Namakkal, in A.S. No.378 of 2002, dated 08.04.2005, reversing the judgment and decree passed by the by the learned Principal District Munsif Court, Namakkal, in O.S.No.645 of 1996, dated 05.12.1997.
(2.) Brief facts leading to the filing of the second appeal are given as under:-
(3.) A detailed written statement was filed by taking a specific stand that when the defendant was not there in the village, taking advantage of absence of the defendant, one Marayee and Vaiyapuri have obliterated the drainage canal and annexed that portion to their respective lands. That apart, when there was a dispute among the plaintiffs, a suit was filed in O.S.No.550/88 against the first plaintiff by one Kandasamy Koundar, grandfather of plaintiffs 2 and 3. In the said suit, Commissioner reports dated 10.06.1988 and 14.06.1988 were marked, whereby it is clearly mentioned that there was a drainage canal in existence. When the same was appealed, even that appeal was decided in favour of Nallappan/plaintiff. In view of this problem, instead of showing his grudge against others, the suit has been filed, as though the defendant is preventing the plaintiffs from using that pathway.