Burden lies on the claimant to prove.

S. Swamikkannu, J.

1. The defendant P. Kamakshi Ammal in O.S. No. 9120 of 1974 on the file of the Court of the learned XII Assistant Judge, City Civil Court, Madras, has filed A.S. No. 710 of 1978 against the judgment and decree dated 21.4.1977 in the said O.S. No. 9120 of 1974.

2. The plaintiff P. Kamakshi Ammal in O.S. No. 3470 of 1976 on the file of the Court of the learned XII Assistant Judge, City Civil Court, Madras, has filed A.S. No. 770 of 1978 against the judgment and decree dated 21.4.1977 in the said O.S. No. 3470 of 1976.

3. Both these suits - O.S. Nos. 9120 of 1974 and 3470 of 1976 were disposed of by a common judgment dated 21.4.1977 by the Court of the learned XII Assistant Judge, City Civil Court, Madras.

4. The plaintiff-P. Venkatesan in O.S. No. 9120 of 1974 was examined as P.W. 1. Exs.A-1 to A-21 were filed on behalf of the plaintiff P. Venkatesan, P. Kamakshi Ammal - the defendant in O.S. No. 9120 of 1974 examined herself as D.W.1. D.W.2 Guruswami was also examined on behalf of the defendant. Exs.B-1 to B-15 were filed on behalf of the defendant.

5. O.S. No. 9120 of 1974 was filed by the plaintiff P. Venkatesan against the defendant P. Kamakshi Ammal for declaration that he is the sole and absolute owner of the moiety of the property No. 25, Ramanujam Street, T. Nagar and for delivery of possession of the same from the defendant and for recovery of Rs. 5,400 as damages for use and occupation.

6. O.S. No. 3470 of 1976 was filed by the plaintiff P. Kamakshi Ammal therein against the defendants - P. Venkatesan, Radha, Mahadevan and Kantamma for declaration that the will dated 9.9.1955 and the settlement deed dated 30.5.1956 are not valid and binding on the legal heirs of late Rangaramma and for issue of an injunction against the defendants restraining them from proceeding with or from attempting to evict the plaintiff in H.R.C.No. 2837 of 1969 and for appointment of a Commissioner for effecting division of all moveable properties belonging to the estate of late Bangaramma and to declare the plaintiff's right to a moiety of share in all the assets of the estate of late Bangaramma and pass a preliminary decree on the basis of the Commissioner's report.

7. In O.S. No. 9120 of 1974, the plaint averments read as follows:- The suit property originally belonged to Devalla Viswanathaiah who died on 4.4.1940 leaving a Will under which he bequeathed his entire property absolutely in favour of his wife Bangaramma who obtained letters of administration with the Will annexed in O.P. No. 323 of 1946 and Bangaramma was in exclusive possession and enjoyment of the same. The plaintiff Venkatesan is the daughter's son of late Viswanathaiah. The plaintiff was being brought up as the foster son and 'abhimana putra' by both Viswanathaiah and his wife Bangaramma. Bangaramma executed a registered Will dated 9.9.1955 bequeathing the said property absolutely in favour of the plaintiff subject to the mortgage dated 21.6.1953. On the death of Bangaramma on 15.9.1968, the plaintiff became the absolute owner of house and ground No. 25, Ramanujam Street, T. Nagar, Madras. He called upon the defendant Kamakshi Ammal who was a tenant under Bangaramma to attorn to him and pay the rents due. The defendant not only wilfully defaulted to pay rent, but also denied the tenancy and set up a title in herself to one-half of the property. The plaintiff filed H.R.C.No. 2837 of 1969 for eviction of the defendant Kamakshi Ammal and eviction was ordered by order dated 26.4.1971. On appeal by the defendant, the Court of Small Causes held that it was a fit case wherein the Rent Controller should have delegated the question of title to be decided by a Civil Court. The defendant is in wrongful possession of the portion of the property ever since the date of death of Bangaramma without paying any rent. The plaintiff was therefore obliged to file the present suit for declaration of plaintiff's title, for eviction of the defendant and for recovery of the porti