JUDGMENT

 The appellants are the defendants. One Murthuza Hussain Sahib, the 2nd plaintiff and his brother Nawab Basha alias Syed Badrajjalami Hussain Sahib under partition deed dated December 4, 1952, Ex. A-2 partitioned the properties and Items Nos. 1 and 2 of the ancestral property fell to the share of Syed Murthuza Hussain Sahib. The partition deed recites thus :

"The share of properties allotted to the respective person, shall be enjoyed by them with absolute right and freedom thereto undisputedly from this day onwards hereditarily from son to grandson and with powers of effecting gift sale and alienation one individual shall have no right in respect of properties belonging to the other individual."

Ever since they have been in possession and enjoyment of the property. The 2nd plaintiff by an oral gift settled item No. 1 to the 1st plaintiff. When the appellants attempted to trespass into the land on January 6, 1968, the respondents filed suit on July 4, 1968 for declaration of title and for recovery of possession. The trial Court dismissed the suit. On appeal, the District Judge, Madurai in A.S. No. 358/ 1975 by its judgment and decree dated July 7, 1977 reversed the judgment a