2. The first respondent herein filed the said suit seeking the relief of declaration and permanent injunction. The first defendant was the Government of Tamil Nadu, while the second defendant was the Thanjavur Municipality. The plaintiff is a registered society running educational institutions. It had put up a compound wall on the western side. According to the local body, by putting up the compound wall, the plaintiff society had encroached a portion of what is known as Old Thiruvaiyaru road to an extent of 18,000 sq.ft. The local body called upon the plaintiff to remove the same. That furnished cause of action for filing the suit. The defendants filed written statement controverting the plaint averments. Based on the divergent pleadings, the trial Court framed the necessary issues. On the side of the plaintiff, as many as five witnesses were examined and Ex.A.1 to Ex.A.15 were marked. On the side of the defendants, three witnesses were examined. The municipal surveyor was examined as D.W.3. Ex.B.1 to Ex.B.23 were marked. An Advocate Commissioner was appointed and his report and plan were marked as Ex.C.1 and Ex.C.2. After considering the evidence on record, the trial Court by judgment and decree dated 14.03.2006 dismissed the suit. Aggrieved by the same, the plaintiff filed A.S.No.25 of 2006 before the Principal District Judge, Thanjavur. By the impugned judgment and decree dated 28.03.2008, the first appellate Court reversed the decision of the trial Court and decreed the suit as prayed for. Challenging the same, this second appeal came to be filed.
