S. JAGADEESAN, J.

1. The appellants herein are the defendants in C.S. No. 877 of 1999 on the file of this Court. The respondent herein filed the said suit praying for a decree for partition and separate possession of his 2/9th share in the suit property and for consequential reliefs.

2. The suit property originally belonged to three brothers, sons of Zackria Sait. To appreciate the relationship between the parties, it is better to have a look at the genealogical tree: —

Table

3. Each brother is entitled to 1/3rd share. They executed separate settlement deeds on 12.9.1957. The respondents father executed a settlement deed in respect of the second appellant herein who is none other than the sister of the respondent. Similarly the other brother Yusuf Zackria executed a settlement deed in favour of his daughter, the fourth appellant herein. The other brother Sulaiman Sait executed three settlement deeds Ex.A1 series in favour of his sons the appellants 1, 3 and the father of the appellants 5 to 7, bequeathing each 1/9th share.

4. The case of the respondent is that his sister the second appellant herein made an oral gift of her 2/9th share in the suit property and pursuant to th