JUDGMENT :

This Second Appeal is filed against the Judgment and decree of the learned Principal District Judge, Puducherry in A.S.No.15 of 2012, reversing the Judgment of the learned Additional Sub Judge, Puducherry in O.S.No.28 of 2006.

2. The appellant as plaintiff filed a suit in O.S.No.28 of 2006 seeking a relief of declaration that the sale deed, dated 15.12.1992 alleged to have been executed by the deceased Kichenane @ Krishnasamy in favour of the first defendant Rajeswari, is null and void; partition of the suit property into two shares and allot half share to him and for costs. The appellant/plaintiff laid a suit stating that the suit property is an ancestral property of the appellant and the 2nd respondent who is the brother of the appellant. The 1st respondent is the wife of the 2nd respondent. The house in the suit property was constructed out of earning of the appellant and his parents. The three storeyed building in the suit property was constructed in the year 1990. He was born in the suit property in 1969 and his parents died in the suit property in 1956 and 1996. The appellant and the 2nd respondent were living in the suit property for more than 36 years. The appellan