JUDGMENT :

R. Subramanian, J.

1. The plaintiff in O.S. No. 103 of 2008, a suit for declaration and recovery of possession, has come with this second appeal, since the suit was dismissed by the trial Court and the same was confirmed by the appellate Court in A.S. No. 34 of 2012.

2. The plaintiff has filed the suit for declaration of title claiming that the suit property was allotted to him at a partition, that took place between him and his brothers, on 05.05.1970. The plaintiff would also plead that a portion of the land, i.e., about 23 cents was acquired by the Government and the first defendant has received the compensation taking advantage of the fact that the sale certificate issued by the Government in respect of the said land stood in his father's name. The sale by the first defendant in favour of the second defendant was also termed as invalid, since the property was allotted to the plaintiff at a partition, where the father of the first defendant, Mohideen Pitchai, in whose name, the sale certificate has been issued, was party. The plaintiff has also disclosed the fact that he had earlier filed a suit in O.S. No. 370 of 2001 seeking permanent injunction and its dismissal.

3. Th