JUDGMENT :

[PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure, to set aside the judgment and decree dated 25.02.2014 in A.S.No.10 of 2013 on the file of Subordinate Judge at Gingee reversing the judgment and decree dated 26.09.2012 in O.S.No.449 of 1994 on the file of Principal District Munsif Court, Gingee.]

The appellants herein are the legal heirs of deceased Paranthaman and his brother Ranganathan, the plaintiff therein filed a suit in O.S.No.449 of 1994 on the file of District Munsif Court, Gingee against deceased Paranthaman/1st defendant and his wife and daughters/defendants 2 to 6 for the relief of recovery of possession contending that the suit property in Survey No.115/35, a house along with vacant site absolutely belong to him and the same was trespassed by deceased Paranthaman. Hence, the Suit. But, the defendants contended that the suit property, a house along with vacant site belong to 1st defendant absolutely and he has put up a construction and paying house tax from the year of 1979 onwards, thereby denied the plaintiff's claim. During the pendency of the suit proceedings, the 1st defendant/deceased Paranthaman died and his wife and daughters we