This Second Appeal has been filed against the judgment and decree dated 29.07.2004 made in A.S.No.51 of 2004 on the file of Principal District Court, Ramanathapuram, confirming the Judgment and Decree, dated 04.02.2004, made in O.S.No.55 of 2002 on the file of Subordinate Court, Paramakkudi.

2. The appellant is the plaintiff in the suit in O.S.No.55 of 2002 on the file of Subordinate Court, Paramakkudi. He filed the suit against the respondents for declaration that the suit properties belong to him and for permanent injunction restraining the respondents from interfering with his peaceful possession or alternatively to direct the respondents to deliver vacant possession of the properties to the appellant.

3. The relevant facts of the case are as follows:-

(i) The suit properties described in the schedule to the plaint are situate in Alanganallur and Dharmarajapuram Villages and belonged to one Kannan, brother of the appellant. The said Kannan died on 27.06.1993 unmarried. As per the Hindu Succession Act, the appellant/ plaintiff inherited all the properties as the legal heir of his brother-Kannan. The respondents have no right, title or interest whatsoever in the suit properties. They were trying to disturb peaceful possession and enjoyment of the appellant. Hence, the appellant/plaintiff filed the suit.

(ii) The first respondent in her written statement stated that the said Kannan, brother of the appellant got all the properties partitioned among himself and his brothers and was living separately. The first respondent and her family members were looking after him and taking care of all his needs providing food etc. The said Kannan became like one of the family members of the first respondent. The said Kannan executed a Will, dated 06.09.1989 bequeathing his properties to the first respondent and handed over all the original document of titles to her. She is maintaining the properties and collecting rents from the tenants. After the death of the said Kannan on 27.06.1993, the first respondent is in possession and enjoyment of the suit properties and collecting rents from the tenants. She is in possession as owner to the knowledge of all and thus, she has perfected her title by adverse possession. She sold item Nos.5 and 6 to the fourth respondent for valuable consideration. The fourth respondent vacated the tenants and inducted new tenants and is collecting rents from them. The tenants are necessary parties. Further, the said Kannan has also executed another Will, dated 09.02.1992 while he was in a sound disposing state of mind bequeathing the properties in Alanganallur Village to Lakshmi Priya, minor daughter of the respondents 2 and 3. He also bequeathed all the moneys to the second respondent, which he may receive from the Government of Tamil Nadu. In these circumstances, there is no necessity for the respondents to trespass into the suit properties. The first respondent also gave publication in Newspapers about the Will executed by Kannan and also gave notice through counsel. The appellant did not take any steps at that time. Now, with a view to threaten the first respondent and to get money, the appellant had filed the suit. The appellant did not value the suit properties properly and has not paid proper Court fee.

(iii) The fourth respondent in his written statement had stated the same averments, as stated by the first respondent.

(iv) The learned Sub-Judge, based on the pleadings, framed necessary issues.

(v) The appellant examined himself as P.W.1 and marked documents Exs.P1 to P12. The first respondent examined herself as D.W.1 and examined Rajangam, one of the attesting witnesses as D.W.2 and marked documents Exs.B1 to B11.

(vi) The learned Judge considering all the materials on record and the arguments of the learned counsel for the appellant and the respondents, dismissed the suit by Judgment and Decree, dated 04.02.2004, accepting the contention of the respondents with regard to the Will executed by Kannan and th