Challenge in this second appeal is made by the defendants 1 & 2 against the judgment and decree dated 29.01.2010 made in A.S.No.8 of 2009 on the file of the Subordinate Court, Neyveli, confirming the judgment and decree dated 27.11.2008 made in O.S.No.23 of 2005 on the file of the District Munsif-cum-Judicial Magistrate, Neyveli.

2. The suit has been laid for declaration and mandatory injunction.

3. The averments contained in the plaint, in brief, are stated as follows:

The suit property belonged to Murugesa Padayachi as his ancestral property and he was employed in NLC and died on 06.06.1982 leaving his wife Saradhambal as his sole heir. They have no issues. The plaintiff's mother Kasiammal is the younger sister of Saradhambal. As Saradhambal and Murugesa Padayachi did not have any issues, they brought up the children of Kasiammal as their own children. After the death of Murugesa Padayachi, Saradhambal expressed her desire to take her sister's son viz., the plaintiff in adoption and Kasiammal was willing to give the plaintiff in adoption to Sardhambal, at that time, the plaintiff's natural father Ilangovan was not alive and accordingly, on 25.08.1988, Kasiammal gave the pl