JUDGMENT :

N. SESHASAYEE, J.

Prayer: Second Appeal filed under Section 100 of the Code of the Civil Procedure against the judgment and decree dated 01.10.2013 made in A.S. No. 41 of 2009 on the file of the Sub Court, Pudukottai in confirming the judgment and decree of District Munsif Court, Pudukottai dated 23.4.2009 made in O.S. No. 310/2007.

1. The defendants are the appellants herein. The suit was laid for declaration, declaring the title of the plaintiffs and for a consequential relief of injunction.

2.1 Before adverting into the rival contentions that gave rise to the cause of action for the suit, a few preludial facts that led to the litigation, whose factual correctness is not questioned, may be stated:-

(i) One Arumuga Thevar was possessed of extensive properties, and one of the properties he possessed was a plot of 14.26 acres of dry land in S. No. 140 of Karukakurichi Village, Alangudi Taluk, Pudukkottai District. This is the subject matter of the suit.

(ii) Arumuga Thevar was married twice, first to one Subbulakshmi Ammal, and thereafter to a certain Malarkodi. Through Subbulakshmi Ammal, he did not have any issue, while he had a daughter Ramamirtham, through his second wife M