JUDGMENT :

This second appeal has been filed by the appellant, who is the second defendant in O.S.No.1480/2007 on the files of Additional Munsiff Court-III, Thiruvananthapuram, under Section 100 and Order XLII Rule 1 of the Code of Civil Procedure (for short, ‘the C.P.C.’ hereinafter).

2. The appellant assails decree and judgment in the above suit, dated 28.2.2013 and the appellate decree and judgment, dated 12.3.2015 in A.S.No.124/2013 on the files of the Additional District Court – V, Thiruvananthapuram.

3. Respondents herein are the plaintiffs in the suit.

4. Heard the learned counsel for the appellant and the learned counsel appearing for the respondents.

5. I shall refer the parties in this appeal as ‘plaintiffs’ and 2nd defendant’, for convenience.

6. As per order, dated 17.11.2015, my predecessor admitted this appeal on the questions of law posed in the second appeal.

7. Plaintiffs filed the suit seeking declaration of their title over the plaint schedule property and also recovery of possession of the same, on the strength of title. According to the plaintiffs, plaintiffs obtained title over the plaint schedule property on the strength of a settlement deed No.1986/1995 of Kazhakko