M. Dhandapani, J.

1. The second appeal as well as the Cross-Objection arise out of the decree and Judgment dated 22.04.1991 passed in A.S. No. 132/1990 on the file of the learned VI Additional Judge, City Civil Court modifying the Decree and Judgment dated 09.07.1984 passed in O.S. No. 134/1982 by the XVIII Asst. City Civil Court of Chennai. Therefore, for the sake of convenience, the parties shall be referred to as 'plaintiff and 'defendants' as has been arrayed before the trial Court. The suit in O.S. No. 134 of 1982 was filed by N. Venkatesh - first respondent in the Second appeal, praying for a Decree and Judgment to cancel the document No. 7 of 1953 on the ground that it is vitiated by fraud and consequently issue a permanent injunction restraining the defendants in the suit from interfering with the peaceful possession and enjoyment of the plaintiff or from dealing with the suit property in any manner.

2. According to the plaintiff/first respondent in the second appeal, the house and ground measuring 2640 square feet bearing New Door No. 94, Old Survey No. 16/3A, R.S. No. 16/10, corresponding to T.S. No. 30, Block No. 16, Lattice Bridge Road, Adyar, Chennai originally belonged to one P. Raja Chettiar. The said Raja Chettiar was also in possession and enjoyment of some other properties. After the death of Raja Chettiar, his four sons namely R. Venkataramulu Chettiar, R. Muthusami Chettiar, R. Ganesa Chettiar and R. Sundara Babu Chettiar have partitioned the properties left by their father by means of a registered partition deed dated 07.03.1938 which was registered as document No. 598 of 1998 on the file of Sub-Registrar, Mylapore. The suit property namely house bearing Door No. 94, L.B. Road fell to the share of R. Venkataramulu Chettiar and he was in possession and enjoyment of the same till his death on 13.08.1960. According to the plaintiff, during his life time, Venkataramulu Chettiar executed a sham and nominal sale deed dated 29.12.1952 in favour of his father in law along with a settlement deed dated 29.12.1952 in favour of his wife Babyammal in respect of all the properties standing in his name. According to the plaintiff, Mr. Danapal Chettiar, father in law of Venkataramulu Chettiar has got the sale deed dated 29.12.1952 executed in his favour by fraudulent means instead of getting a settlement deed in favour of his daughter Baby Ammal. Subsequently, Venkataramulu Chettiar realised having executed the sale deed erroneously in favour of his father in law and therefore, he made his father in law Dhanapal Chettiar to execute the property covered under the sale deed dated 29.12.1952 in favour of his wife Baby Ammal and accordingly, a settlement deed registered as document No. 2701 of 1957 came to be executed. However, while executing the settlement deed, Dhanapal Chettiar made a claim that the superstructure was put up by him out of his own funds, which is factually incorrect. Baby Ammal, who was the only legal heir and was in possession and enjoyment of the suit property died on 27.10.1976 without any issues. During her life time, Baby Ammal also purchased a house property at Door No. 4, Thanthoniamman Koil Street, in her name after the death of her husband. On the death of Baby Ammal, the house properties and other properties owned by her fell to the share of Munusamy Chettiar, Ganesan Chettiar and Sundara Babu Chettiar, all of whom are brothers of Late. Venkateswaralu Chettiar. In other words, the trio abovenamed are the paternal uncle of the deceased Baby Ammal and they succeeded to the estate as Class II legal heirs as contemplated under Section 3 of The Hindu Succession Act. While so, Ganesa Chettiar died on 24.09.1979 intestate leaving his widow Jayalakshmi as his only Class I heir. Thereafter, the Tahsildar, Mylapore-Triplicane Taluk issued a joint patta in the name of the above said Munusami Chettiar, Sundara Babu Chettiar and Jayalakshmi, wife of Ganesa Chettiar and also recognised the trio as the