Suit has been filed for declaration, for recovery of possession and for mesne profits.

2. The suit property was Government property; it was originally allotted long back in the name of one Chinnamuthiammal. She was the first wife of one Ramar. Chinnamuthiammal had no issues; hence she was divorced according to their custom by Ramar. Subsequently, Ramar married one Chitra as his second wife. Through Chitra, Ramar had a son, who is the defendant. Chinnamuthiammal during her life-time executed a gift deed in favour of Pappayee Ammal, the plaintiff, who is the sister's daughter of Chinnamuthiammal. While so, Chinnamuthiammal died and the last rites were performed by the sons of the defendant. Thereafter, the defendant occupied the property. Therefore, the present suit has been filed, as stated above.

2. The case of the defendant is that the property though allotted in the name of Chinnamuthiammal, it is really the property of Ramar, that is, the husband of Chinnamuthiammal and out of his income, a house was constructed in the said property and therefore, the entire property is that of Ramar and not that of Chinnamuthiammal and therefore, merely because, the gift deed has bee