Common Judgement:

The first and second defendants in O.S.No.373 of 1989 have filed the Second Appeal No.1570 of 1995 and 542 of 1995 respectively. Respondents 1 to 3 have filed the suit in O.S.No.373 of 1989 against the appellant District Collector in Second Appeal No.1570 of 1995 and 542 of 1995 arraying them as defendants 1 and 2 respectively praying for a declaration of title in respect of the suit properties and delivery of possession. The suit property consisting of six items of punja lands stating that they belonged to one Periyasamy Nadar and his two sons, namely, Balamuruga Nadar who is the father of the second plaintiff and Palaniyappa Nadar. The first plaintiff is also the son of Periyasamy Nadar. The said Periyasamy Nadar as well as Balagurusamy Nadar have died and his son is the second plaintiff.

2. According to the plaintiffs, the said Periyasamy Nadar and his sons Palaniyappa Nadar and Balagurusamy Nadar have executed a settlement deed on 24.06.1953 marked as Ex.A.1 in favour of the then District Board. The said property is now transferred in the name of the District Collector, appellant in S.A.No.1570 of 1995 and under the said settlement deed the proper