KALIANNAN Vs. BALAKRISHNAN

JUDGEMENT

(1.) THIS second appeal is preferred against the judgment and decree dated 28. 6. 1991 made in A. S. No. 81 of 1989 on the file of the subordinate Judge, Gobichettipalayam, reversing the judgment and decree dated 28. 7. 1989 passed in O. S. No. 161 of 1987 on the file of the Additional District munsif, Gobichettipalayam. The plaintiffs are the appellants. Pending the second appeal, the sole respondent died and his Legal Representative has been impleaded as second respondent.

(2.) THE plaintiffs filed the suit seeking for declaration of their title to the suit properties and for permanent injunction restraining the defendant from interfering with their possession and enjoyment of the suit properties.

(3.) THE Trial Court, on a consideration of oral and documentary evidence, held that the settlement deed dated 21. 1. 1987 is true, valid and acted upon and the plaintiffs are in enjoyment of the suit properties and they are entitled for the reliefs sought for in the suit and decreed the suit as prayed for. Aggrieved by the same, the defendant preferred appeal and the appellate Court held that the settlement deed dated 21. 1. 1987 is true, but, it was not acted upon and never came into force and the plaintiffs cannot claim any title based on it and allowed the appeal dismissing the suit. Challenging the same, the plaintiffs have preferred the present second appeal. For the sake of convenience, in this Judgment, the parties are referred to as arrayed in the suit.