Sathiadev, J.

1. Defendants 4, 6 and 7 Legal representative of Fifth Defendant in O.S. No.85 of 1974, Sub Court, Tuticorin are appellants herein. Plaintiff is the first respondent. Second defendant having died, his legal representatives are impleaded as respondents 4 to 8. Third defendant, the wife of the second defendant is the wife of the third respondent.

2. The suit was filed for declaration of plaintiff's title to the 1st Schedule property, and to direct defendants 4 to 7 to deliver possession, and to pay mesne profits or in the alternative to direct defendants 2 and 3 to pay plaintiff the amounts specified in the 2nd Schedule with costs.

3. In the plaint it is stated that third defendant is the wife of the second defendant. First Schedule Property bearing Door No : 323, North Car Street, Sankarankovil alongwith other properties were settled by one Sankaralinga Mudaliar and his wife Nedungi. Animal in favour of defendants 2 and 3 under settlement deed dated : 16-9-1968. Four daughters were born to them. They being : Gomathiammal, Muthanamal, Shanmugathammal, and Anachi Animal. The last two daughters were married to second defendant. Anachi Animal lived away from him because