The second defendant who suffered a decree before the Courts below has filed this Second Appeal.

2. The respondent/plaintiff filed a suit in O.S.No.387/1985 on the file of the District Munsif Court, Namakkal, for a declaration that the plaintiff is entitled to the suit property, after the lifetime of the 1st defendant and for possession of the same from the 2nd defendant. Even according to the plaintiff, as stated in the plaint filed in O.S.No.387/1985 on the file of the learned District Munsif Court, Namakkal, she is a concubine of the first defendant and with that relationship they lived together. So the 1st defendant has executed a settlement deed under Ex.A4, dated 25.2.1980 in favour of the plaintiff. On that basis, the plaintiff has come forward with the suit that she is the absolute owner of the said property pursuant to the said settlement deed, and the sale in favour of the 2nd defendant by the 1st defendant under Ex.B1 dated 27.9.1980, is sham and nominal, and the 1st defendant has no right to execute the said sale deed. It is stated that such a sale in favour of the 2nd defendant will not bind the plaintiff.

3. The 1st defendant contested the suit contending