JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of CPC, 1908 against the judgment and decree of the learned District Judge, Nagapattinam made in A.S.No.9 of 2010 dated 06.04.2011 confirming the judgment and decree of the learned Subordinate Judge, Nagapattinam, made in O.S. No.59 of 2007 dated 12.09.2009).

1. Challenge in this second appeal is made to the judgment and decree dated 06.04.2011 passed in A.S.No.9 of 2010 on the file of District Judge, Nagapattinam, confirming the judgment and decree dated 12.09.2009 passed in O.S. No.59 of 2007 on the file of the Subordinate Court, Nagapattinam.

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

3. The first defendant in OS.No.59 of 2007 is the appellant in the Second Appeal.

4. Suit for declaration and permanent injunction.

5. Briefly stated, the case of the plaintiff is that the suit properties were purchased by her husband late Sundarraj by virtue of the sale deeds dated 06.06.1967, 15.07.1971 and 06.08.1985 and the 11th item in the suit properties devolped upon him in a partition effected with his brothers and the deceased Sundarraj was enjoying the same by paying the tax and