JUDGMENT

(Prayer: Second Appeal filed Under Section 100 r/w Order 42, Rule 1 of C.P.C., as against the decree and judgment dated 27.08.2014 made in A.S.No.15 of 2013 on the file of Subordinate Court, Chidambaram, reversing the judgment and decree dated 28.09.2012 made in O.S.No.41 of 2006 on the file of District Munsif Court at Kattumannarkoil.)

1. The plaintiff is the appellant in this second appeal.

2. The case of the plaintiff is that the suit property was a part of a larger extent of property measuring about 6 cents. The further case of the plaintiff is that there was a oral partition between him and the defendant who is his brother in the year 1990 and the plaintiff constructed a house in the year 1995 under the Group House Scheme of the Government. It is stated that the defendant was staying abroad and he came back in the year 2004. He also got married on 09.04.2004. The plaintiff further states that the defendant requested the plaintiff to permit him to stay in the construction put up by the plaintiff for a period of three months till he constructs his house in the vacant land that was allotted in his favour in the oral partition. The plaintiff allowed the defendant to reside i