1. The 2nd defendant in O.S. No. 145 of 1122 of the District Court of Nagercoil is the appellant before us. The suit which has been decreed by the trial court was for a declaration of title and recovery of property with mesne profits, past and future, from the defendants.

2. The facts of the case in so far as they are necessary for a determination of the appeal are summarized as follows in the opening paragraph of the lower court judgment:

"The suit property belonged to one Ananthasubbu Asari. As he had no issues he adopted as his son one Palappan Asari, his sister's son. The plaintiff is the widow of that Palappan Asari. On 13.1.1110 Ananthasubbu Asari executed a settlement deed in favour of Palappan Asari in respect of the plaint schedule properties. As per the settlement deed the full proprietory rights over the properties

vested in presenti in the donee, subject to a life interest in favour of the donor and after the donor's death in favour of his wife. The donor's wife died in 1115, and Palappan Asari the donee died in 1118. On 21.8.1121 Anathasubbu Asari executed a sale deed in respect of both the plaint schedule properties in favour of the 1st defendant who in his