Aggrieved over the judgment and decree dated 10.10.2012 passed by the Additional District Judge, Kancheepuram at Chengalpet in O.S.No.6 of 2004, the defendants 1 and 5 have preferred the present appeal.

2. For the sake of convenience, the parties are referred to as per their ranking before the trial Court.

3. The plaintiffs filed a suit in O.S.No.6 of 2004 before the learned Additional District Judge, Kancheepuram District at Chengalpet for declaration of title, delivery of possession, future damages and also for permanent injunction and costs.

4. After contest, the suit was decreed declaring the plaintiffs title over the suit schedule properties and to deliver vacant possession and to pay future damages.

5. The brief facts of the case of the plaintiffs are as follows:

(i) 1st plaintiff is the wife of the 1st defendant and 2nd plaintiff is the daughter of the 1st plaintiff and 1st defendant. 5th defendant is the mother of the 1st defendant and defendants 3 and 4 are the tenants in the suit properties. The marriage between the 1st plaintiff and the 1st defendant was solemnized on 20.02.1994 at Chennai and out of wedlock, the 2nd plaintiff was born on 07.01.1995. The 1st defendant, ever since from the date of marriage, was consuming alcohol and started indiscriminate borrowing from friends and relatives. On one such occasion, there was quarrel between the 1st defendant and his parents and at that time, the 1st defendant written a letter admitting his affair with another girl. The 1st plaintiff’s parents advised the 1st defendant to lead a proper life.

(ii) While so, in the month of April 2005, the plaintiff and the 1st defendant were thrown out from the house by the 5th defendant. Therefore, the plaintiffs and the 1st defendant were living in the rented house at Adambakkam with the help of rents received from “A” schedule property. In such circumstances, the 1st defendant had voluntarily executed absolute and irrevocable Settlement Deeds dated 11.4.2000 settling 1/3rd undivided share each in favour of 1st plaintiff and 2nd plaintiff in respect of “A” schedule property. After making such settlement, the 1st plaintiff and the 1st defendant jointly mortgaged the said property and borrowed a sum of Rs.2,05,702/- for the purpose of discharging mortgage loan borrowed by the 1st defendant from M/s. Nanganallur Permanent Fund Limited. Thereafter, the 1st defendant also executed settlement in respect of remaining 1/3rd share in favour of the 1st plaintiff on 29.12.2000. Thus, the plaintiffs became absolute owner of “A” schedule property by leasing out the same to various tenants and collecting rent from them and discharging the debts over the suit property.

(iii) When the matter stood thus, the 1st plaintiff and 1st defendant jointly purchased a flat at Adambakkam, by raising loan from LIC for a sum of Rs.3,50,000/-, which was repayable in 15 years equated monthly installments of Rs.5,866/-, and both of them were living together in the said flat by paying monthly installments, out of the rental income from the suit property. The 1st plaintiff was paying installments from the very beginning till August 2003. She has also paid property tax to the suit property. The 1st defendant also addressed a letter dated 07.5.2001 calling upon the tenants in the suit properties to pay the rents to the plaintiffs. After receipt of such letter, the tenants were paying rent to the 1st plaintiff regularly. Some of the tenants also entered fresh lease agreement with the 1st plaintiff. Thereafter, one of the tenant i.e., M/s. Srikumaran Departmental Stores, vacated the tenanted premises in the month of July 2003, after receiving advance amount of Rs.2,00,000/- from the 1st plaintiff. The 1st plaintiff again mortgaged the suit property on 10.12.2003. The 1st plaintiff, unable to bear the cruelty by the 1st defendant, has filed an application for divorce in O.P.No.1876 of 2003. During 1st week of December 2003, the 1st defendant broke open and illegally tre