JUDGMENT :

(Prayer: Second Appeal filed under Section 100 CPC against the Judgment and Decree made in A.S.No.19 of 1998 on the file of Sub Court, Ambasamudram on 07.09.2001 confirming the Judgment and Decree made in O.S.No.231 of 1991 on the file of the Principal District Munsif Court, Ambasamudram, dated 27.01.1998.)

Aggrieved over the concurrent finding of the trial Court decreeing the suit for declaration and recovery of possession, this Second Appeal is filed.

2. The appellant is the defendant and the respondent is the plaintiff in the suit in O.S.No.231 of 1991 on the file of the Principal District Munsif Court, Ambasamudram.

3. The brief facts during the filing of the appeal are follows:

The plaintiff is a sister of the defendant. The suit property originally owned by their father. His father has bequeathed the property by Will dated 12.04.1961. The first item of the property originally belonged to the defendant and landed property in Survey No.457 to an extent of 56 cents in Melambasamuthiram village was bequeathed to the plaintiff. Thereafter, the plaintiff and the defendant exchanged their properties. Accordingly, the plaintiff became the owner of the suit property by way of ex