JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the Judgment and Decree made in A.S.No.64 of 2002 on the file of Additional District Judge, Kanyakumari at Nagercoil dated 10.01.2003, in reversing the well considered Judgment and Decree made in O.S.No.544 of 1996 on the file of II-Additional District Munsif, Nagercoil, dated 23.04.2002.)

1. The plaintiff is the appellant herein.

2. For the sake of convenience, the parties are referred to as plaintiff and defendants.

3. The plaintiff has filed the above suit in O.S.No.544 of 1996 for declaration of title and for permanent injunction on the ground that the first defendant is the father and the defendants 2 and 3 are her younger brothers and the father has executed the Settlement Deed under Ex.A1 dated 05.09.1974 and subsequently under Ex.B2, the first defendant/ father has cancelled the Deed on 26.05.1984, which is an unilateral cancellation of the Settlement Deed. Thereafter, through Ex.B3, he had settled the suit property in favour of the defendants 2 and 3, who are the younger brothers of the plaintiff and the first defendant having executed unconditional Settlement Deed under Ex.