Aggrieved over the judgment and decree of the trial Court granting declaration, recovery of possession and damages, the defendant has preferred the instant appeal. Similarly, dissatisfied with the amount awarded towards damages, the plaintiffs have preferred the instant Cross objection.

2. For the sake of convenience, the parties are referred to, as per their ranking before the trial Court.

3. The plaintiff filed a suit in O.S.No.108 of 2011, before the learned Principal District Judge, Thiruvallur, for recovery of possession and for damages with costs.

4. After contest, the suit was decreed with costs.

5. The facts leading to the filing of this appeal are as follows:

(i) The suit property originally belonged to one Govinda Babu. The said Govinda Babu died intestate on 15.12.1992 leaving behind the 2nd plaintiff as his sole legal heir to inherit the properties. While so, the defendant, who is the brother's son of late Govinda Babu, claiming himself as the foster son of late Govinda Babu, has filed a suit in O.S.No. 53 of 1994 before the District Munsif Court, Thiruvallur, on the basis of the Will alleged to have been executed by the said Govinda Babu, for declaration and perma