The need for the party claiming title under a settlement deed to prove the attestation as per Section 68 of the Indian Evidence Act.

Ms. R. MALA, J.

This Second Appeal has been filed against the decree and judgment dated 29.11.2001, rendered in A.S. No. 38 of 2001 on the file of the Principal District Judge, Sivagangai, confirming the decree and judgment dated 12.4.2001, rendered in O.S. No. 65 of 2000 on the file of the District Munsif of Ilayangudi.

2. The gist of averments in the plaint is as follows:

The suit properties are originally owned by one Santhana Konar. He died leaving behind his wife Meenakshi Ammal as sole legal heir. The plaintiff purchased the suit property from the said Meenakshi Ammal for Rs. 9,250/- on 1.12.1998. In pursuance of the sale, Patta has been changed in the name of plaintiff, the Patta number is 1427. From the date of purchase, the plaintiff has enjoying the property by paying kist. The defendants have no manner of right and possession over the property. But on 25.5.2000, the defendants attempted to interfere with the peaceful possession and enjoyment of the plaintiff, which has been prevented by the plaintiff. Hence, he constrained to file a suit for declaration of title and injunction and prayed for a decree.

3. The gist and essence of Written Statement filed by the first defendant, adopted by second and third defendants is as follows:

The suit is not maintainable both in law and on facts. It is true that originally the suit properties and some other properties belonging to one Santhana Konar. But the defendants denying that the wife of Santhana Konar by name Meenakshi Ammal sold the suit properties to the plaintiff on 1.12.1998 by means of registered sale deed and after purchase, the plaintiff changed the Patta into his name and he is in possession and enjoyment of the same. The above facts are concocted story. The said Meenakshi Ammal, wife of Santhana Konar has no manner of right, title or interest in the suit properties. She was not in possession and enjoyment of the suit properties. Patta for the suit properties was not in the name of Meenakshi Ammal. So, the sale deed executed by the said Meenakshi Ammal in favour of the plaintiff is not valid one. After purchasing the said properties, the plaintiff had influenced the Revenue Authority to transfer the Patta for the suit properties in his name. The Revenue Officials also without making any proper enquiry and without sending any notice, have transferred the Patta in favour of the plaintiff, even though the Patta was in the name of Rakkammal, mother of the first defendant. The first defendant has submitted his objections to the Tahsildar, Ilayankudi. Then, Tahsildar made an enquiry and cancelled the order passed by him in T.P.T. Number 639 of 1998-99, dated 21.12.1998 and transferring the patta in favour of the first defendant on 24.9.1999. The said Santhana Konar has purchased the properties including the suit properties from one Nagar Kani Rowther and Sundaraj Pillai by means of registered sale deed, dated 17.12.1955. He was in possession and enjoyment of the said properties. Then the said Santhana Konar had orally gifted some properties to Karakkal, daughter of Udayammal; sister of Santhana Konar; some properties to Rakkammal, sister's daughter of the Santhana Konar i.e. one Irulayee Ammal and remaining properties i.e. the suit properties to Rakkammal, mother of the first defendant. Thereafter, the said donees-Karakkal, Rakkammal and another Rakkammal were in possession and enjoyment of the respective properties gifted to them by the Santhana Konar. Patta also been transferred in favour of the respective donees. The said Rakkammal has been in possession and enjoyment of the suit properties by paying kist in her name. The mother of the first defendant Rakkammal had got several other properties. In 1998, she wanted to settle some properties on his son, the first defendant herein, she executed a registered settlement deed, dated 14.9.1998, in favour of the first defendant including the suit properties i.e. Survey No. 132/9, measuring 0.18.0 ares. Second item of suit p