S.A. Kader, J.

1. The appeal arises out of the judgment and decree of the Court of the Subordinate Judge of Trichi in O.S. No. 98 of 1978. The first defendant is the appellant.

2. This is a suit for declaration that the suit property belongs to the plaintiff and defendants 5 and 6, who are brothers and for recovery of possession and for meane profits past and future. The suit property, which is a house in Trichi Town, originally belonged to one Kuppuswami Chettiar, hereinafter referred to as the senior Kuppuswami Chettiar. By a deed of settlement dated 10-11-1987 the senior Kuppuswami Chettiar settled this property on his mother Akilandam Ammal and his wife Thayarammal alias Nacharammal for their lives without any power of alienation with the vested remainder on his heirs. The said senior Kuppuswami Chettiar died in 1930. His mother Akilandam Ammal died in or about March, 1943. Some months after her death, her daughter-in-law Thayarammal alias Nacharammal executed a deed of sale in respect of the scheduled property on dated 16-9-43 in favour of the first defendant. The settlor senior Kuppuswami Chettiar's great-grand father was one Venkatarama Chettiar. He had a brother by na