JUDGMENT

This second appeal is filed against the judgment and decree passed in AS No.52 of 2010 by the Sub Court, Sankarankovil, dated 27/01/2011 reversing the judgment and decree in OS No.216 of 2008 passed by the Additional District Munsif Court, Sankarankovil, dated 24/03/2010.

2.The plaint averments:-

(i)The suit property originally belonged to the grand-father of the plaintiff by name Chinnakaruppan and his brother namely Periyakaruppan through their father namely Muthuveeran. Muthuveeran died leaving behind the legal-heirs. They inherited the property and in possession and enjoyment. The plaintiff's grandfather Chinnakaruppan died leaving behind the plaintiff's father Karuppan as his legal-heir. So, the plaintiff's father Karuppan and the defendant's father Periyakaruppan were in common enjoyment. The plaintiff's father died, when the plaintiff was aged about 10 years. After his death, the property was in enjoyment of the defendant's father on behalf of the plaintiff also.

(ii)Since the plaintiff was not taken care by the defendant's father, she was under the care and custody of Madathiammal. The defendant's father also died. Now the properties are in possession and enjoyment of