JUDGMENT :

[PRAYER:- Second Appeal is filed under Section 100 of Civil Procedure Code, praying to set aside the judgment and decree in A.S.No.17 of 2006 on the file of learned Principal District Judge, Thanjavur, reversing the judgment and decree dated 27.02.2006 made in O.S.No.105 of 1996 on the file of learned Principal Subordinate Judge, Thanjavur and allow this second appeal.]

The defendants 1 and 2 in the suit are the appellants. The 1st respondent herein filed a suit for declaration of his title to the suit property and to set aside the Settlement Deed dated 20.01.1996 allegedly executed by him in favour of the 1st appellant and also for a consequential injunction restraining the appellants and other respondents from interfering with his possession. The suit was dismissed by the Trial Court and on appeal filed by the 1st respondent, the findings of the Trial Court were reversed and the suit was decreed as prayed for. Aggrieved by the same, the appellants are before this Court.

Plaint Averments:

2. (i) The 1st appellant is the daughter of the 1st respondent. The 2nd appellant is mother of 1st appellant and wife of 1st respondent. The 2nd respondent is the brother of 2nd appellant and the 3rd respondent is the relative of 2nd appellant.

2. (ii) The 1st respondent married 2nd appellant on 05.06.1981. The marital life between them were not cordial and 2nd appellant left the matrimonial home during 3rd week of January, 1982, when she was pregnant. The 1st respondent filed a petition for divorce against the 2nd appellant in H.M.O.P.No.108 of 1984 and the same was dismissed. Subsequently, the 1st respondent instituted another petition for divorce against the 2nd appellant in H.M.O.P.No.578 of 1995 on the file of the Principal Sub Court, Thanjavur and the same was pending at the time of institution of the present suit.

2. (iii) It was further alleged by the 1st respondent that on 17.01.1996, the appellants and other respondents came to the State Bank of India, Branch of Thanjavur where he was working and threatened him to execute a document transferring the suit property in their favour and he refused to execute any such document. It was further alleged by the 1st respondent that on 20.01.1996, the appellants and other respondents came to his office and threatened him of causing bodily injury and abducted him to a lodge. It was further alleged that the appellants and other respondents forced him to sign a document and he was taken to Maharnombuchavadi Sub Registrar's Office wherein he was made to sign the document and answer the questions put by the Sub Registrar in affirmative. It was further alleged that the gift deed in favour of the 1st appellant who was represented by guardian 2nd appellant, allegedly executed by him, was not executed by voluntary act of 1st respondent and the same was secured by compulsion and threat of causing bodily pain.

2. (iv) On these averments, the 1st respondent contended in his plaint that the Settlement Deed allegedly executed by him on 20.01.1996 was a void document and it would not confer any title to the 1st appellant. On these pleadings, he filed a suit for declaration of his title and to set aside the Settlement Deed executed by him in favour of the 1st appellant and for consequential injunction.

3. The appellants and other respondents filed a written statement and contended that the relationship between the appellants and 1st respondent were very close and cordial. They specifically denied the averment in the plaint as if appellants and other respondents threatened the 1st respondent and compelled him to execute gift deed in favour of the 1st appellant. It was further contended that the 1st respondent sent several letters to the 2nd appellant and 2nd respondent herein admitting the execution of Settlement Deed on his own. It was further contended that the 1st respondent was leading an immoral life with another lady. It was also contended that the 1st respondent/plaintiff converted to Islam and chan