1. This appeal had been filed by the plaintiff in O.S.No.36 of 2008 on the file of the Fast Track Court No.II, Madurai. By Judgment dated 18.11.2009, the said suit was dismissed.

2. The plaintiff, Thimma.V.Saradha Ammal, had filed the suit against M.N.Kumareshbabu, who was the son of her brother M.K.Nagasamy and against the Collector of Madurai. The second defendant was impleaded, since she had originally filed the suit in forma pauperis. However she was directed to pay necessary Court fees and she also paid the Court fees. The second defendant, subsequent to the order refusing permission to sue as in forma pauperis has become an unnecessary party to the proceedings. However in the first appeal, the second defendant who is shown as second respondent still participated in the proceedings and Mr.J.Gunaseelan Muthiah, Additional Government Pleader was also present during the arguments.

3. The suit in O.S.No.36 of 2008 had been filed for a declaration that the plaintiff was the absolute owner of the suit property and for costs of the suit. The suit property was land and building at door no.41-A, T.S.No.1298/3, Block No.16, Ward No.28, Mahal Vadampokki Street, Madurai. The plain