JUDGEMENT :

The plaintiffs in the suit for declaration and injunction are the appellants before this Court challenging the judgment and decree in A.S.No.19 of 2006 on the file of the Principal Subordinate Court, Villupuram reversing the judgment and decree of the Principal District Munsif, Ulundurpet in O.S.No.292 of 2003.

2. The facts in brief necessary for disposing of the above Second Appeal are as follows and for the ease of understanding, parties are being referred to in the same litigative status as before the Trail Court.

3. Plaintiffs' Case:

3.1. It is the case of the plaintiffs that the suit properties belonged to one Muthu, who is the husband of the first plaintiff and father of the second plaintiff. The said Muthu had executed a registered Settlement Deed dated 26.04.1994 settling the property on the second plaintiff who was a minor. The mother accepted the settlement on his behalf and since then they have been in possession and enjoyment of the properties. It is their case that in the month of May 1994, the first plaintiff had dug a well in the suit 5th item of property and installed an oil engine for irrigating their lands. Since the first plaintiff was employed at Bombay