JUDGMENT :

T. Ravindran, J.

1. Aggrieved over the judgment and decree dated 19.09.2008 passed in O.S. No. 333 of 2007 on the file of the Additional District Court, Fast Track Court No. 4, Bhavani, the second defendant has preferred the appeal.

2. For the sake of convenience, the parties are referred to as per their rankings in the trial court.

3. Suit for declaration and possession.

4. The case of the plaintiff, in brief, is that the first defendant is the elder brother's son of the second defendant and the plaintiff purchased item No. 1 of the suit properties by virtue of the sale deed dated 09.03.1998 and item No. 2 of the suit properties by virtue of the sale deed dated 21.01.2000 and the second item was purchased as a vacant site and thereafter, the plaintiff had put up the construction and built five houses therein and the plaintiff is a barber by caste and regularly bidding in auction for human hair obtained on tonsure in Hindu temples and selling such hair after cleaning it and in order to meet out the necessary expenditure in the family and for the business, he borrowed amounts from the creditors and as required by the creditors, executed sale agreements as well as power of atto