JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of CPC, 1908 against the decree and judgment dated 24.09.2007 on the file of the Sub-ordinate Court, Thirupattur, in A.S. No.58/06, upholding the decree and judgment dated 25.02.2005, on the file of the District Munsif-cum Judicial Magistrate Court, Ambur, in O.S. No.206/04.)

1. The unsuccessful plaintiff before both the courts below, has filed the present Second Appeal.

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

3. The brief facts of the case of the appellant/plaintiff are as follows:

The suit property is the property of the appellant/plaintiff and the first respondent/defendant and their father executed a gift settlement deed (Hiba) dated 20.02.1986, through the original of Ex.A1 in favour of the appellant and his sister Dowlath Bi. The possession of the suit property was also handed over to them. However, the first defendant, in order to grab the suit property, created a cancellation deed dated 26.11.1986 cancelling the gift deed dated 20.02.1986. According to the appellant/plaintiff, the first respondent is attempting to get the mutation of records in his name and