JUDGMENT :

G. JAYACHANDRAN, J.

Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, praying against the judgment and decree dated 28.10.2009 made in A.S. No. 321 of 2005 by the Hon’ble Judge, Fast Track Court IV, Chennai confirming the judgment and decree dated 15.10.2004 of the XI Assistant City Civil Judge, Chennai in O.S. No. 2859 of 1998.

1. This Second Appeal is preferred by the plaintiffs against the concurrent finding of the Courts below.

2. The case of the appellant as pleaded in his plaint is as under:-

The suit mentioned property ad-measuring 1160 sq. ft. on the west of Velacherry Main Road, Chennai was part of a larger extent of land measuring 1 acre 35 cents comprised in Survey No. 236 in Velacherry Village. One Mr. Azhagusinga Mudaliar the father-in-law of the first plaintiff purchased this property from one Vengatasubba Iyer under a sale-deed dated 06.09.1910. His two sons Padmanaba Mudaliar and Madhava Mudaliar inherited the property from Azhagusinga Mudaliar.

3. Padmanaba Mudaliar remained bachelor and bequeathed his half share to his brother Madhava Mudaliar. On the death of Madhava Mudaliar in the year 1962, the entire extent of 1 acre 35 cents of l