The main legal point established in the judgment is the validity of settlement deeds and the entitlement to property under the Transfer of Property Act.

This appeal has been preferred against the Judgment and decree in A.S.No.12 of 1997 on the file of the Court of Additional District Judge, Nagapattinam. The defendants, who have lost their defence before the Courts below, are the appellants herein.

2. The suit is for declaration of title and for recovery of possession in respect of 39 cents in R.S.No.109/C-17, Nagapattinam Taluk.

3. The averments in the plaint for the purpose of deciding this appeal sans irrelevant particulars are as follows:

The plaint schedule property is 39 cents of punja land in R.S.No.109/C-17 in Keevalur Village. The suit property originally belonged to Rethinathachi, the mother-in-law of the first plaintiff and grand mother of the plaintiffs 2 to 6, under the sale deed dated 16. 1954. From the date of the said sale deed, Rethinathachi was in possession and enjoyment of the suit property. She had also mortgaged the same to one Aravindha Ammal on 11. 1959 and subsequently, discharged the said mortgage. Rethinathachi had two sons viz., D.Subramania Pillai and D.Shanumughasundaram Pillai. Subramania Pillai looked after his mother and maintained her. The younger son Shanumughasundaram also attended to her needs. Rethinathachi, out of her love and affection in favour Shanumughasundaram Pillai executed a registered settlement deed dated 24. 1964. The said settlement was accepted by Shanmughasundaram Pillai and he was in possession of the plaint schedule property. At the time of execution of the above said settlement deed, Rethinathachi had handed over the original sale deed dated 16. 1954 under which she had purchased the suit property and also she had handed over the earlier mortgage deed dated 11. 1959 to Shanmughasundaram Pillai. From the date of settlement deed, Shanmughasundaram Pillai was in possession and enjoyment of the suit property in his own right. There are 14 yielding coconut trees in the suit property.

3a)After the settlement deed, Shanmughasundaram Pillai has also planted some more coconut saplings. Shanmughasundaram Pillai was working as a police constable in the Police Department. He has to stay at Madras since he was working in the CID Branch at Madras. Hence, the first defendant was granted licence to enjoy the usufructs from the coconut trees in the year 1966. The first defendant also executed a Kuthagai receipts on 13. 1966 in favour of Shanmughasundaram Pillai agreeing to pay Rs.25/- per year for 14 coconut trees or to deliver 200 coconuts in four instalments. i.e., 50 coconut once in three months. In pursuance of the licence granted to the first defendant, he was in possession of the coconut trees and was giving the lease amount of Rs.25/-or delivering the coconut as agreed. He has also written a letter dated 30.12.1970 to Shanmughasundaram Pillai in which he agreed to deliver the coconuts only in the capacity of the licensee, the first defendant was in possession of the coconut trees in the suit properties. Shanmughasundaram Pillai died prematurely in October 1971. Even thereafter, the first defendant was continued to be in possession of the coconut trees as a licensee.

3b) On the death of Shanmughasundaram Pillai, the plaintiffs who are the wife and children of Shanmughasundaram Pillai became entitled to the suit property as the legal heirs of Shanmughasundaram Pillai. The plaintiffs are in possession and enjoyment of the suit property and the first defendant as usual was delivering the coconuts from the suit property. But the first defendant has stopped delivering of the coconuts for the past three months. He has also cut and removed all the coconut trees unauthorisedly and also cut and carried away the valuable standing trees like Poovarasu, Bamboo and Acacia worth about Rs.5,000/- and the first defendant attempted to convert the suit property as a building site. The plaintiffs had issued a suit notice on 10. 1993

terminating the licence and directing the first defendant to deliver the possession of the suit property.