JUDGMENT :

(Prayer: Second Appeal has been filed under Section 100 of CPC against the Judgment and Decree dated 04.01.2008 passed in A.S.Nos.66 & 65 of 2007 on the file of the Additional District and Sessions Judge, Fast Track Court No.III, Dharpuram, Erode District, reversing the Judgment and Decree dated 29.03.2007 passed in O.S.Nos.355 of 2003 & 65 of 2004 on the file of the Subordinate Court, Dharapuram, Erode District, respectively).

Common Judgment

1. Challenge in the second appeals Nos.1087 & 1088 of 2008 are directed against the common judgment and decree dated 04.01.2008 passed in A.S.Nos.66 & 65 of 2007 on the file of the Additional District and Sessions Judge, Fast Track Court No.III, Dharapuram, Erode District, reversing the common Judgment and Decree dated 29.03.2007 passed in O.S.Nos.355 of 2003 & 65 of 2004 on the file of the Subordinate Court, Dharapuram, Erode District, respectively.

2. At the time of admission of the second appeals, the following substantial questions of law were formulated for consideration:

"a. Has not the lower Appellate Court committed an error of law in decreeing the appeal, since the intention of the settlor, contests of the Ex.1 would clearly p