Remedy for dissatisfaction available.

Nainar Sundaram, J.

1. These two appeals out of the common judgment and separate decrees of the District Judge, Kanyakumari District at Nagercoil in O.S. Nos. 66 and 67 of 1986. The plaintiffs in the suits are the appellants. The defendants are the respondents. The plaintiffs are the children of one Charles Harold Simpson, who is no more. The two plaintiffs in O.S. No. 66 of 1986 are the sons and the three plaintiffs in O.S. No. 67 of 1986 are the daughters of Charles Harold Simpson. The pleadings of the parties in both the suits are based on common allegations. The plaintiffs in O.S. No. 66 of 1986 seek a declaration of title and a permanent injunction against the defendants in respect of the following properties.

(i) Old Survey No. 2917/1(part) -- acres 15527 (ii) Old Survey Nos. 2898/1(part)

and 2917/1(part) -- acres 36.73

Total -- acres 192.

According to the plaintiffs, the extent of acres 155.27 in item (i) was comprised in title deed No. 3 and the extent of acres 36.73 in item (ii) was comprised in title deed No. 15. These title deeds numbers 3 and 15 were the result of grants by the Dewan of Travancore Sirkar on behalf of the Travancore Sirkar, to Reverend John Cox, the ancestor of the plaintiffs; title deed No. 3 being dated 23.10.1866 and title deed No. 15 being dated 15.8.1867. The plaintiffs in O.S. No. 67 of 1986 seek declaration of title and permanent injunction in respect of two items of properties as Mows;

(a) old Survey Nos. 2917/1 (Part)

and 2898/1(Part) -- acres 73.68

(b) Old Survey No. 2917/1(Part) -- acres 4.17 Total -- acres 77.85

According to the plaintiffs in O.S. No. 67 of 1986, a total extent of acres 111.62 in Old Survey Nos. 2917/1 (part) and 2898(1)(part) was comprised in title deed No. 37 and the extent of acres 4.17 in Old survey No. 2917/1 (part) was comprised in title deed no. 94. These title deeds again, according to the plaintiffs, were the result of grants to Reverend John Cox, the ancestor of the plaintiffs, by the Dewan of Travancore on behalf of Travancore Sirkar; title deed No. 37 being of the date 4.3.1869 and title deed No. 94 being of the date 15.10.1875. Out of the total extent of 111.62, covered by title deed No. 37, and comprised in Old Survey Nos. 2917/1 (part) and 2898/1 (part) the plaintiffs in O.S. No. 67 of 1986 have sold away acres 37.94 to third parties and hence their claims are restricted to acres 73.68 with regard to this item(a).

2. The case of the plaintiffs runs as follows:

Reverend John Cox established a coffee estate on the properties, covered by the four title deeds. Permanent boundary marks and pathways were put up and maintained by him A bungalow was built and some building were also constructed for estate purposes. During The Years 1880-1883 a disastrous blight affected the entire coffee plantation and there was abolition of land tax for coffee lands by the Maharaja of Travancore by his Royal proclamation dated 1.10.1883, later Revered John Cox planted China-tea and cardamom of Mysore variety and other fruit-yielding trees like oranges, mangoes and jacks. Lemon-grass was cultivated by the heirs of Reverend John cox and they were distilling oil there from till about 1912. On the death of Reverend John Cox, his heirs, who inherited the properties covered by the title deeds, continued to enjoy the same as owners and ultimately the properties devolved on Mr. Charles Harold Simpson, the eldest grand-son of Reverend John Cox and the father of the plaintiffs, who become the absolute owner of these properties in 1921 and he was in possession and enjoyment of the same as absolute owner thereof from 1921 onwards. On 24.12.1969, there was an oral family arrangement amongst Mr. Charles Harold Simpson and his children, who were minors then, and the result of the oral family arrangement was the two sons the plaintiffs in O.S. No. 66 of 1986 were given the undivided shares of acres 192 comprised in title deeds numbers 3 and 15 and the three daughters the plaintiffs in O.S. No. 67 o