R. MAHADEVAN, J.

1. This Second Appeal has been filed by the Defendant, who lost his case before the lower appellate court, but succeeded before the Trial Court, against judgment and decree, dated 21.01.2003, made in AS.No.94/2002, by the learned Additional District Judge, FTC II, Cuddalore, setting aside the judgment and decree, dated 29.06.2001, made in OS.No.27/1992, by the learned Subordinate Judge, Chidambaram. For the sake of convenience and for easy reference, the parties are hitherto described as they were arrayed before the Trial Court.

2. The case of the Plaintiff, as set out in the Plaint, is as follows:-

a. Originally, the Trust was created with 40.00 acres of lands (comprised in items 1 to 16 of the plaint schedule), by way of a registered partition deed, among the ancestors of the Plaintiff, in the year 1886. In that line of ancestors, one Sivakolundu Pillai became the Trustee for the lands and he possessed them and had been performing the Trust. While so, the said Sivakolundu Pillai has executed a registered Will on 17.11.1907, in respect of the undivided joint family properties. Since his sons were also pious and religious minded, the said Sivakolundu Pillai h