R.DAYALAN Vs. NAGARATHNAM

JUDGEMENT

(1.) The second appeal has been filed challenging the judgment of the Subordinate Judge, Hosur, rendered in A.S.No.133 of 1996, dated 05.11.1997, confirming the decree and judgment of the Court of District Munsif, Hosur, made in O.S.No.418 of 1985, dated 22.08.1994.

(2.) The suit in O.S.No.418 of 1985 has been filed for the relief of declaration and injunction. The declaration is sought for in respect of two items of the suit property, namely, an extent of 4.5 acres in R.S.No.682 and an extent of 45 cents in R.S.No.683 at Kannathur Village, Hosur Taluk, totalling an extent of 4.92 acres. The plaintiff died during the pendency of the suit and plaintiffs 2 to 9 are added as legal representatives of the deceased first plaintiff.

(3.) The plaintiff claimed title based upon the settlement deed, dated 21.09.1976. The defendants disputed the title of the plaintiff on the ground that the settlement deed was not valid on three grounds, (i) the settlement deed was not accepted and acted upon; (ii) settlement deed was a nominal document and (iii) the settlement deed had been cancelled by the execution of cancellation deed by the executant himself.