P.SHANMUGAM, J.

Plaintiff is the appellant in all the three appeals. A.S. No.101 of 1988 is an appeal filed against the dismissal of the suit in O.S. No.187 of 1983 for probating the will. Tr.A.S. No.375 of 2000 is filed against the dismissal of the suit O.S. No.73 of 1984 for declaration of the plaintiff's title and for a mandatory injunction and vacant possession. Tr.A.S. No.376 of 2000 is filed against the dismissal of the suit O.S. No.177 of 1985 for damages of Rs.800/- for the trees cut and removed.

2. The facts of the case are as follows :-

The parties are described as per their rankings before the trial court.

The plaint suit properties originally belonged to one Duraisamy Pillai. The said Duraisamy Pillai executed a document styled as trust deed (Ex.B.1 = Ex.A.17) on 8.7.1937 in favour of Aruldoss Pillai, the first defendant in the suit, dealing with a house, which is the plaint schedule property and three other businesses. Aruldoss Pillai filed a suit O.S. No.71 of 1945 against his father Duraisamy Pillai, mother Maria Bakiathammal and eldest brother S.D. Devadas Pillai. The suit was compromised as per the decision of the Panchayat held on 26.4.1945 and a decree w