The defendants in O.S. No.419 of 1981 on the file of the District Munsif Court, Nagapattinam, are the appellants in the above second appeal. The respondent herein filed the suit for declaration of his title to the suit property and for a direction to the defendants to remove the superstructure put up by them on the land and deliver vacant possession of the land and for mesne profits for the immediate past three years.

2. The case of the plaintiff was that the first defendant was his brother and the second defendant was the first defendant’s wife, that the plaintiff and the first defendant are the brothers and the sons of Syed Mohammed, that the property originally belonged to the grandfather Hammed Sultan, who settled the same in favour of the plaintiff’s father Syed Mohammed under a registered settlement deed dated 7. 1968 and subsequently, under a settlement deed dated 23. 1972 an extent of 42 cents in R.S. No.69/1 and his share in the house came to be settled in favour of the plaintiff out of love and affection, and that the said deed of settlement was duly registered and therefore, the plaintiff is the owner of the property. It is the further case of the plaintiff tha