JUDGMENT

MAJMUDAR, J. :—In this civil appeal the appellants, who are original defendants 1 & 2 in Original Suit No. 52/63 in the Court of the Subordinate Judge, Kumbakonam, have brought in challenge the decision rendered by learned single Judge of the Madras High Court v. Ramaswami, J. in Second Appeal No. 195/69 which was allowed by the learned Judge and the suit of the respondent-plaintiffs 1 & 2 was decreed.

2. A few relevant facts leading to this appeal deserve to be noted at the outset.

Respondents 1& 2 filed the aforesaid suit for a declaration that two sale deeds executed by respondent. No. 3 herein who was father-in-law of plaintiff No. 1 and grand father of plaintiff No. 2 were null and void and not binding on the plaintiffs. Those sale deeds were executed by defendant No. 3 in favour of the present appellants who were original defendants 1 & 2. The contention of the plaintiffs was that a trust was created in favour of the plaintiffs by defendant No. 3 in connection with the suit lands and in breach of that trust defendant No. 3 had sold the lands to the defendant-appellants 1 & 2. For the sake of convenience we shall refer to the parties as original plaintiff and defendant