JUDGMENT :

PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree, dated 23.07.1998 and made in A.S.No.34 of 1997 on the file of Additional District Judge cum Chief Judicial Magistrate, Pudukkottai, reversing the judgment and decree, dated 06.12.1993 and made in O.S.No.299 of 1992 on the file of Additional District Munsif, Pudukkottai.

The defendants in the suit are the appellants. The deceased first respondent filed a suit for recovery of possession against the appellants. Pending Second Appeal, the first respondent died and the respondents 2 to 11 were brought on record as his legal representatives. The suit filed by the deceased first respondent was dismissed by the trial Court. On appeal filed by the first respondent, the suit was decreed as prayed for. Aggrieved the same, the defendants are before this Court.

2. According to the 1st respondent, who is the plaintiff, originally the suit property belonged to him. He executed a document dated 23.09.1968 gifting the suit property to the first appellant subject to the condition that the first appellant should perform the charity of “Thanneer Panthal” for the benefit of general publi