JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of C.P.C, to set aside the judgment and decree passed in A.S.No.42 of 2017 on the file of the Subordinate Judge, Madukulathur dated 29.11.2019 confirming the judgment and decree passed in O.S.No.30 of 2010 on the file of the District Munsif Court, Mudukulathur.)

1. The third defendant is the appellant herein.

2. The plaintiff filed O.S.No.30 of 2010 before the District Munsif Court, Mudukulathur for declaration of title and permanent injunction. The suit was decreed by the trial Court. The third defendant filed A.S.No.42 of 2017 before the Sub Court, Mudukulathur. The learned Subordinate Judge has dismissed the first appeal. As against the concurrent finding, the third defendant has filed the above second appeal.

3. The plaintiff had contended that the suit schedule properties were originally owned by one Velammal, wife of Kuppaiandi Velar. Since Velammal and Kuppaiandi Velar did not have any issue, the said Velammal has executed a Will in favour of her brother Vijayan Velar under a registered Will dated 24.09.1968 under Exhibit A1. After death of Velammal, the property devolved upon her brother Vijayan Velar and he was enjoy