K.M. Natarajan, J.

1. The plaintiff is the revision petitioner. He has filed the suit for declaration of title and for recovery of possession. According to the petitioner herein, he got the suit property and other properties to his share in an oral partition between him and his father. His step-brother Aruladum Perumal Pillai who was born to his father through his second wife, made a claim to the suit property. The defendant (first respondent herein) who is the plaintiff's father's sister's husband represented that a sham and nominal settlement deed might be executed by the petitioner in his favour in order to protect the property; accordingly he executed the settlement deed on 29.7.1972. About two years prior to the filing of the suit, that is, in 1976, the defendant who is the first respondent herein claimed title to the suit property and refused to execute necessary document in favour of the petitioner and also trespassed into the property. To the notice issued by the petitioner, he set up title on the basis of the settlement deed. Thereafter the petitioner herein filed the suit for declaration of title and for recovery of possession. In the body of the plaint, he has averre