Defendants 2 and 3 in O.S.No.573 of 1984, on the file of the District Munsif’s Court, Nagercoil, are the appellants.

2. Material averments in the plaint may be stated as follows:

Plaint property, according to plaintiff, belonged to him and first defendant as per settlement deed dated 10. 1959, registration copy of which is marked as Ex. A-l. The property originally belonged to their father Daveed Nadar. It is the case of the plaintiff that on the basis of Ex.A-1, they obtained absolute title. It is a gift. In spite of various demands, defendants are not co-operating to effect a partition.

3. Second defendant is none other than their mother. Third defendant is also another daughter of late Daveed Nadar. It is further said that Daveed Nadar had another wife by name Chellammal, and third defendant was born in that marriage. It is further said that Ex.A-1 is not gift and the same has not come into effect, and it is only in the nature of a Will, and if the plaintiff wanted to claim any right on the basis of Ex.A-1, parties being christian, they have to obtain probate or letters of administration. The same not having been obtained, title claimed under that document is not main