(Second Appeals preferred against the common judgment and decrees dated 21.10.1994 made in A.S.Nos. 30 and 31 of 1993 respectively, on the file of the learned Subordinate Judge, Villupuram, against the common judgment and decrees dated 24.12.1992 made in O.S.Nos: 731 of 1988 and 429 of 1987 respectively on the file of the Learned District Munsif, Thirukoilur.)

Common Judgment:

In O.S.No:731 of 1988, the plaintiff Palanivel, who has purchased the suit property from the Donee Velliangiri has filed the suit for declaration of title and for mesne profits. According to the plaintiff the suit property originally belonged to the 1st defendant Nagamuthu and he gifted the same by a gift deed on 22.8.1963 to his sister's son Velliangiri. The said Velliangiri accepted the gift and has been in possession and enjoyment of the same and on 24.5.1987 he sold the same to the plaintiff. But the first defendant Nagamuthu to defeat the sale has cancelled the gift deed dated 22.8.1963, which is illegal and he is not entitled to do the same. It is not correct to state that the gift was not effected and acted upon by the donee Velliangiri. The first defendant also filed a suit in O.S.No.429/87