JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the learned Subordinate Judge, Tiruvarur, dated 02.06.2008 in A.S.No.40 of 2007 and thereby confirming the judgment and decree of the Learned District Munsif, Tiruvarur, dated 18.06.2007 in O.S.No.80 of 2006.)

1. Challenge in this second appeal is made to judgment and decree dated 02.06.2008 passed in A.S.No.40 of 2007 on the file of the Subordinate Court, Tiruvarur, confirming the judgment and decree dated 18.06.2007 passed in O.S.No.80 of 2006 on the file of the District Munsif Court, Tiruvarur.

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 defendant is his natural brother. The plaintiff was brought up by his maternal uncle Kuppusamy and after attaining majority, the plaintiff learnt tractor driving and out of the income derived from the driving of the tractor and out of his own funds, the plaintiff had acquired the suit property and other properties by way of the sale deed dated 24.03.1983 and enjoying the same. Accordingly, the plaintiff