Second appeal filed against the decree and judgment passed in A.S.No.22 of 1999 dated 17.6.99 on the file of III Additional District Judge, Pondicherry in confirming the judgment and decree dated 24.6.98 made in O.S.No.768 of 1996 on the file of Additional Sub-Judge, Pondicherry .

2. The averments made in the plaint O.S.No.768 of 1999 are as follows:-

(a) The plaintiffs grand father Yusuff Sahib donated a portion of the suit property to his wife Kadar Bi and another portion to his son Haniff Sahib under a registered donation deed dated 12.6.1934. From the date of gift, both were in possession and enjoyment of their respective shares. After the death of Haniff Sahib. his son, the plaintiff herein inherited the property and also he has a share in the grand mothers property. The defendant colluded with one tenant Abdul Aziz filed a suit in O.S.No.295 of 1981 for declaration of title to the suit property and the suit has been dismissed. The defendant preferred appeal in A.S.No.65 of 1983 which was also dismissed. He has not preferred any second appeal. Hence the judgment is final and conclusive and binding the parties.

(b) The plaintiff herein filed O.S.No.551 of 1983 for ev