K.M. Natarajan, J.

1. The unsuccessful plaintiff before the lower appellate court has preferred this second appeal challenging the judgment and decree passed by the Subordinate Judge, Devakottai, reversing the judgment of the District Munsif, Devakottai.

2. The case of the appellant-plaintiff, hereinafter referred to as the plaintiff, who filed the suit for declaration and permanent injunction is briefly as follows: One M.A. Meyyappan Ambalam was the common ancestor and he is the grandfather of the plaintiff. The said M.A. Meyyappan Ambalam had got two sons M.A.M. Subbiah Ambalam and M.A.M. Meyyappan Ambalam, the second defendant herein. M.A.M. Subbiah Ambalam has got three sons and the plaintiff is the second son of the said M.A.M. Subbiah Ambalam and he was born on 17.5.1943. The second defendant married one Meenakshi as his first wife in 1943 who died in or about 1945 due to small box. When the said Meenakshi got affected with small pox, she wanted the plaintiff to be adopted to herself and the second defendant as he had no issues, and further, she apprehended that she would die soon. The plaintiffs grandfather M.A. Meyyappan Ambalam desired such adoption so that all the m