V.DHANASINGU Vs. JAYACHANDRAN

JUDGEMENT

(1.) The defendants are the appellants in the second appeal.

(2.) The first and second respondents are the plaintiffs, who filed a suit seeking for the relief of declaration of title over the suit property and for possession after removing the super structure, if any, put up in the suit property and for other consequential reliefs.

(3.) The case of the plaintiffs is that the suit property along with other properties originally belonged to their grandfather R.Muthukumarasamy Padayachi. The further case of the plaintiffs is that he executed a registered Settlement Deed on 25/4/1977 (Ex.A1) in favour of the plaintiffs by appointing their father Venugopal Padayachi as their guardian. According to the plaintiffs, the settlement deed was acted upon and the said R.Muthukumarasamy Padayachi retained life interest and vested reminder was given to the plaintiffs. The further case of the plaintiffs is that after nearly 8 years after the death of the settlor, all of a sudden, the defendants trespassed into the suit property and they started putting up thatched house and thereby denied the right and title of the plaintiffs over the suit property. Aggrieved by the same, the suit came to be filed seeking for the reliefs stated supra.