1. This second appeal is directed against the judgment and Decree dated 11.01.2001 made in A.S.No.98 of 1999 on the file of the Second Additional District Judge cum Chief Judicial Magistrate, Krishnagiri reversing the Judgment and decree dated 06.10.1999 made in O.S.No.171 of 1993 on the file of the Subordinate Court, Krishnagiri.

2. Parties are referred to as per their rankings in the trial Court.

3. Suit for declaration and Permanent injunction.

4. The case of the plaintiff, in brief, is that the suit property was purchased by his father Chinnasamy by way of a registered sale deed dated 09.08.1956 and enjoying the same as absolute owner thereof and the suit property is the self acquired property of his father and the suit property was not purchased out of income derived from the joint family property and the suit property had been purchased by Chinnasamy out of income derived by him from serving in the army and inasmuch as no income had been derived from the family property, Chinnasamy joined the army and on account of love and affection, the plaintiff's father, on his own volition and in a sound state of mind, bequeathed the suit property in favour of the plaintiff, when