The appellant, plaintiff in O.S. No. 526 of 1998 on the file of the I Additional District Munsif, Kallakurichi, who sued for declaration of title to the suit property and for permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the suit property, has filed this Second Appeal challenging the judgment and decree dated 25.7.2005 passed by the First Appellate Court in A.S. No.80 of 2003 wherein and by which the judgment and decree dated 31.12.2002 made in O.S. No.526 of 1998 on the file of the I Additional District Munsif, Kallakurichi, was confirmed thereby dismissing the First Appeal at the instance of the defendants.

2. The plaintiff’s case was that the suit properties are the common family properties also belonging to the first defendant, who is none else than his father and though they have been in enjoyment of the same, pursuant to a Panchayat, it was divided among themselves through an oral partition. Accordingly, item Nos. 1 to 6, 8 and 9 of the suit properties were allotted to the plaintiff while item No. 7 of the property was allotted to the first defendant, who, according to the plaintiff, on 14.8.1989, gave po