R. Subbiah, J.—The Defendant is the Appellant. This Second Appeal is directed against the decree and judgment dated 24.7.2009 passed by the learned Subordinate Padmanabhapuram, in A.S. No.57 of 2008, whereby the decree and judgment passed by the learned Principal District Munsif-cum-Judicial Magistrate, Eraniel in OS No. 190 of 2005 were set aside.

2. The Respondent herein was the plaintiff and he filed the suit as against the Appellant/Defendant for, recovery of suit property with past mesne profits of Rs.7,500 and future mesne profits at the rate of Rs.2,500 per month from the date of the suit till recovery of possession, stating that the suit property originally belonged to one Rajammal, who had three sons, by name, James Samuel, Jayachandra and Selvin Roy. Rajammal subsequently executed a Gift Deed dated 13.7.1985 and gifted the property to her three sons with buildings bearing separate door Nos.21-113, 21-114 and 21-114A and reserved life interest till her death. It is further stated that even during her life time, the entire extent including the suit property was divided as ‘A’, B and C plots and each plot has an extent of 750 sq. links. ‘A’ plot was allotted to the sh