1. The appellant herein who is the defendant in the suit filed this second appeal against the decree and judgment dated 05.01.2005 made in A.S.No.20 of 2003 confirming the judgment and decree dated 04.04.2002 made in O.S.No.66 of 1998 on the file of II Additional District Munsifs Court, Kallakruichi.

2. Originally the suit was filed by the deceased first plaintiff for declaration and permanent injunction and alternatively for recovery of possession. During the pendency of the suit, the first plaintiff was died and other plaintiffs 2 to 5 were impleaded as legal heirs of the deceased first plaintiff.

3. For the sake of convenience the respondents herein are referred as plaintiffs and the appellant herein is referred as defendant.

4. Briefly, the case of the respondents/plaintiffs is that the suit property was originally belonged to one Veeran who had purchased the property and he was in possession. In the year 1969, he was died leaving behind his wife and daughter as legal heirs. The above said legal heirs of the deceased Veeran (i.e.,) wife and daughter sold the property to the deceased first plaintiff by way of registered sale deed dated 29.05.1972. Accordingly, the deceased