JUDGMENT :

PRAYER: This Appeal Suit filed under Section 96 of the Civil Procedure Code, to set aside the decree and judgment made in O.S.No.93 of 2014 on the file of the III Additional District Judge, Salem dated 11.12.2015.

This Appeal Suit is directed against the judgment and decree passed in O.S.No.93 of 2014 dated 11.12.2015 on the file of the learned III Additional District Judge, Salem.

2. For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Trial Court.

3. The suit is filed for declaration and permanent injunction in respect of the suit property. The case of the plaintiff is that the suit property belonged to the first defendant as per the preliminary decree passed in O.S.No.18 of 2010 dated 08.12.2011 on the file of the Fast Track Court No.2, Salem. The first defendant filed suit against her brothers and the suit property was allotted in her favour. Thereafter, the first defendant had executed a registered gift settlement deed in favour of the plaintiff on 08.03.2012. From the date of the gift settlement deed, the plaintiff had taken possession of the suit property and he is in possession and enjoyment of the same. I