Chitra Venkataraman, J.

These two appeals arise out of the common judgment and decree passed in C.S.No.153 of 2002 and Tr.C.S.No.374 of 2002 dated 19. 2007. O.S.A.No.330 of 2007 arises out of C.S.No.153 of 2002. O.S.A.No.331 of 2007 arises out of Transfer C.S.No.374 of 2002. The first appellant and the second appellant in O.S.A.No.330 of 2007 are the first and the second defendants in C.S.No.153 of 2002 and the appellant in O.S.A.No.331 of 2002 is the plaintiff in Transfer C.S.No.374 of 2002.

.2. For the purpose of convenience, the parties are arrayed as per their rank in O.S.A.No.330 of 2007. The facts leading to the filing of the suits are as follows:

.Respondents-1 to 4 herein in this appeal filed a suit against the appellants in C.S.No.153 of 2002 seeking a declaration that the settlement deed dated 112. 2000 executed by the plaintiffs father J.V.A.Nehemiah was illegal, invalid, sham and nominal. They also sought for a direction to defendants-1 to 3 therein, to jointly and severally pay a sum of Rs.10,00,000/- with future interest at 24% per annum from the date of plaint till the date of realisation as damages. Apart from that, the suit relief sought for included a mandatory injunction directing the first defendant/first appellant herein to remove her belongings and deliver possession of the ground floor of the premises bearing Door No.9, Second Main Road, Seethamma Colony, Alwarpet, Chennai-600 018; for a permanent injunction restraining defendants-1 to 3 therein from interfering with the peaceful possession and enjoyment of the suit property; for a permanent injunction restraining the first defendant/first appellant herein from in any manner encumbering or dealing or alienating the suit property, apart from a decree for recovery of a sum of Rs.9,00,000/- as past damages with future interest at 18% per annum from the date of the plaint till the date of surrender and to direct defendants-1 to 3 to jointly and severally pay a sum of Rs.25,000/- per month as damages for use and occupation of the premises from the date of the plaint till the date of surrender of the ground floor of the premises.

3. Transfer C.S.No.374 of 2002 was filed by the appellant herein seeking a decree of permanent injunction restraining the defendants/respondents herein from interfering with the peaceful possession and enjoyment of the suit property by the appellant herein, except by due process of law.

.4. The respondents herein are the sons and daughters of one J.V.A.Nehemiah. The first and second respondents are living in India and the third and fourth respondents are living in United States, making annual visits. It is stated that the said J.V.A.Nehemiah was a United Nations Pensioner and he was the absolute owner of the property bearing Door No.9, Second Main Road, Seethamma Colony, Alwarpet, Chennai. The suit property was purchased by the said J.V.A.Nehemiah as early as 22. 1960 out of his earnings and hence, it was a self-acquired property. The case of respondents-1 to 4 herein as plaintiffs was that the said J.V.A.Nehemiah was residing in the suit property. He had leased out the ground floor of the premises to one K.V.Nair, an Executive in Mahendra Construction Co. Ltd. on a monthly rent of Rs.13,000/-. This was subsequently enhanced to Rs.18,000/-per month since 4. 2000. He was residing in the first floor of the premises and was enjoying the rental income from the ground floor till the tenant vacated the premises on 7th October 2001.

5. Respondents-1 to 4 contended that the said J.V.A.Nehemiah passed away on 9th February 2002. He was 89 years old at that time. It is the case of the first and second respondents that they took care of their father. The first respondent is having his business in Vellore and was frequently visiting Vellore for business purpose. He had his business in Chennai also. The appellant herein/first respondent in the suit, was working as a servant maid under J.V.A.Nehemiah ever since 1987. The specific al