(Second Appeal preferred under Section 100 of the C.P.C., as against the judgment and decree dated 13.8.1994 rendered in A.S.No.59 of 1993 by the learned Subordinate Judge, Chengalpattu thereby reversing the judgment and decree dated 13.9.1993 rendered in O.S.No.303 of 1983 by the learned District Munsif, Chengalpattu.)

The parties are referred to as per their ranking in O.S.No.303 of 1983.

2. The second plaintiff is the appellant.

3. The appellant and his brother by name Koteeswaran @ Veerasamy have filed the suit for declaration of their title to the suit property, as well as for permanent injunction. As seen from the description of the property, the suit property is a building and site bearing Door No.105, situated in T.S.No.358/2.

4. The plaintiffs’ claim title to the suit property, pursuant to a settlement deed, executed by their grand father on 9.8.1956. According to them, the suit property originally belonged to their grand father Vedachalam and he, having the competency to gift the property, had gifted the same to the plaintiffs, though the third defendant was given the right to derive the income. In view of the specific recitals in the settlement deed, the third d