JUDGMENT

(Prayer: The Second Appeal filed under Section 100 of CPC, against the judgment and decree dated 21.09.2001 made in A.S.No.64 of 2000 on the file of Sub Court, Bhavani reversing the judgment and decree dated 06.07.2000 made in O.S.No.1001/1992 on the file of the Principal District Munsif Court, Bhavani.)

The plaintiffs in O.S.No.1001 of 1992 on the file of the District Munsif Bhavani are the appellants herein. They are mother and daughter. The 1st and 2nd defendants in the said suit are daughter in law and son of the 1st plaintiff. The 3rd defendant was the husband of the 1st plaintiff. He died pending the suit. The plaintiffs and the 2nd defendant were recognized as his legal heirs. The 2nd appellant died pending the Second Appeal and the 3rd appellant and the 3rd respondent were brought on record as her legal heirs.

2. The suit had been filed seeking a declaration that the 1st plaintiff was the owner of the suit property without power of alienation, in view of a settlement deed dated 15.04.1991 executed by the 3rd defendant in her favour and for permanent injunction restraining the defendants from interfering with peaceful possession.

3. In the plaint it had been stated that