1. Aggrieved over the concurrent finding of the Courts below in decreeing the suit filed for declaring the Plaintiff's right and title to the half share in the suit property and also directing the defendants 3, 4 and 5 to vacate and deliver possession and directing the suit property to be divided into two equal shares, allotting and giving one such share to the plaintiff in the suit property, the present second appeal has been filed.

2. The brief facts leading to file this Second Appeal is as under:

2.(a) The Suit has been originally filed for declaration of title and for partition and for recovery of possession of the suit property. The admitted facts of the suit property originally belongs to one Kalianna Thevar. Following pedigree may be followed:

2.(b) The suit has been filed by the Plaintiff on the ground that Appachi Thevar one of the sons of the Kalianna Thevar, who has executed a Release Deed dated 31.01.1931 under Ex.A.1 in favour of his father Kalianna thevar and his two brothers viz., Ganapathy Thevar and Gandhi for consideration. In view of the said Release Deed he has no right in the suit property. After the Release Deed Appachi Thevar and wife sons no right in favour of the suit property. After the Release Deed Appachi Thevar and his wife Pappammal and his sons were not entitled to any manner of right or interest in the suit properties. The release by Appachi Thevar was complete and final and for valuable consideration. Kalianna Thevar and Ganapathi Thevar were living in the suit properties as absolute owners. They had no partition. Mr.Gandhi one of the sons of the Kalianna Thevar also died without any issue. Therefore, Ganapathi Thevar become the absolute owner of the properties and he was living in the suit properties as absolute owner till his death about 9 years ago. His wife also died 25 years ago in the suit properties. Till the death of Ganapathi Thevar, he and his two daughters late Thangammal and Lakshmi were living together in the suit properties. On his death, the said Thangammal and Lakshmi become the owners of the suit properties. They are entitled to have equal shares. 1st and 2nd Defendants being the husband and daughter of the Thangammal, who died 3 years before the suit, the Plaintiff is entitled to succeed the shares of Thangammal. Therefore, the Plaintiff is entitled to half share in the suit properties. The Defendants 3, 4 and 5 are not entitled to claim any right or interest in the suit properties. Hence, Appachi Thevar had lost all his rights by virtue of his Release Deed on 31st October 1931, since then the properties were in the possession and enjoyment of Ganapathi Thevar till his death and later on his two daughters were in possession.

2.(c) Defendants 3,4 and 5 at the instigation of some interested persons have committed act of trespass and have taken wrongful possession of portions in the suit properties and have refused to vacate inspite or requests and advice. They have occupied the portion of the suit properties only recently about 6 months back. Despite several request made by the Plaintiff to vacate property they did not do so. Hence the suit. During the pendency of the suit it appears that the 3rd defendant died. His legal heirs were added as 6th 7th and 8th Defendants. 4th Defendant is wife of one Muthusamy who is one of the sons of Appachi Thevar.

3. It is the case of the Defendants 3, 4 and 5 that the Plaintiff has filed the suit on the basis of the Release Deed executed by the father of the 3rd Defendant on 31.10.1931 in favour of his brothers and father. According to the defendants the Release Deed was the subject matter of the suit in the year 1942 in O.S.No.530 of 1943. The Release Deed was set aside and the appeal filed against the decree and judgment reached finality. The above suit was filed by Ganapathi Thevar which was dismissed on merits on 29.06.1944. The Appeal in A.S.No.371 of 1944 was also dismissed. In the reply statement the Plaintiff denied the contentio