S.S. Sundar, J.

This Second Appeal has been filed by the first defendant in the suit in O.S.No.140 of 2012 on the file of the Second Additional Sub Court, Madurai.

2. The first respondent in this appeal, as plaintiff, filed the suit in O.S.No.140 of 2012 for declaration that the suit property belongs to the plaintiff and for recovery of possession of the suit property from the appellant after receiving the amount of Rs.2,10,000/- deposited by the plaintiff in Court. The suit is also to direct the first defendant to pay a sum of Rs.10,000/- per month to the plaintiff towards damages for the use and occupation of the suit property by the first defendant.

3. The case of the first respondent in the plaint are as follows:

3.1. The suit property belong to one Sangaiah Konar and that on the demise of the said Sangaiah Konar, the property devolved on the defendants 2 to 5, being his legal heirs. Since the plaintiff had purchased the suit property from the legal heirs of the deceased Sangaiah Konar i.e., from defendants 2 to 5, he became the absolute owner of the suit property which is a commercial building in a busy locality of Madurai Town.

3.2. The second defendant had borrowed a sum