1. Plaintiff in O.S.No.7 of 1976 on the file of the District Munsif, Tiruvallur, is the appellant. The suit filed by him was to declare his title of the plaint schedule property and to restrain the defendants and their men and agents from interfering with his possession and also for costs of the suit.

2. Plaintiff has based his case on a registered settlement deed executed by one Ellammal, his mother under Ex.A-1 dated 17.6.1975. According to him, Ellammal was the absolute owner of the property having purchased the same under Ex.A-2 dated 30.3.1932. After the said purchase Ellammal was dealing with the property as the absolute owner till she executed a settlement deed Ex.A-1. After the settlement deed the plaintiff has become the owner and the defendants are interfering with his possession. Second defendant is none other than his elder brother.

3. In the written statement filed by the defendants, it is contended that Ex.A-2 sale deed in favour of Ellammal is a benami one. It is their further case that the sale consideration was paid by their father Govindaswamy Naicker. He was brought up by his aunt Murugammal. Govindaswamy Naicker had another brother and they were not i