JUDGMENT :

Prayer: This Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 05.10.1999 made in A.S.No.20 of 1997 on the file of the Principal Subordinate Judge, Tirunelveli reversing the judgment and decree dated 24.09.1996 made in O.S.No.611 of 1990 on the file of the District Munsif Court, Valliyoor.

1. Aggrieved over the judgment of the First Appellate Court reversing the decree and judgment of the trial Court dismissing the suit for declaration and recovery of possession in O.S.611 of 1990, the present second appeal is filed.

2. For the sake of convenience, the parties are referred to herein, as per their rank before the Trial Court.

3. The brief facts, leading to the filing of this Appeal Suit, are as follows:

The first schedule of the suit property and other properties originally belonged to one Maria Sebastian Nadar and Amirthiah Nadar. The said Maria Sebastian Nadar has two sons namely, Jospeh Nadar/vendor of the plaintiff and S.M.Irudayam/the first defendant herein. The second schedule property is the northern half of the first schedule property. Maria Sebastian Nadar and Amirthiah Nadar effected partition on 06.01.1939. A