ORDER :

R. SAKTHIVEL, J.

1. Feeling aggrieved by the Fair and Decretal Order dated February 16, 2023 passed by 'the Additional District Court, Mayiladuthurai' ['Trial Court' for short] in I.A.No.1 of 2022 in O.S.No.53 of 2022, the Respondents 2 and 5 therein/Defendants 2 and 5 have preferred this Civil Revision Petition under Article 227 of the Constitution of India, 1950.

2. The Revision Petitioners herein are the Defendants 2 and 5; Respondents 1 to 6 herein are the Plaintiffs and Respondents 7 and 8 are the Defendants 3 and 4 in the Original Suit in O.S.No.53 of 2022 on the file of the Trial Court. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.

3. The case of the Plaintiffs is that Suit Item No.1 and some more properties originally belonged to Radhalakshmi who is the mother of the first Plaintiff and grandmother of Plaintiffs 2 to 6. Radhalakshmi executed a Settlement Deed dated September 10, 1952 in favour of her husband - Subbiah Naidu, in respect of the said properties including Suit Item No.1. Her husband - Subbiah Naidu purchased Suit Item No.2 vide Sale Deed dated February 28, 1957.

3.1. Subbiah Naidu and Radhalakshmi Ammal had three sons viz., Vasudevan Naidu, Durairaj and Ramajeyam and two daughters viz., Navaneetham and Balambigai. Subbiah Naidu during his lifetime executed a Will dated March 8, 1961 creating life interest in favour of his wife - Radhalakshmi Ammal and vested remainder to his three sons viz., Vasudevan Naidu, Durairaj and Ramajeyam after her lifetime.

3.2. Subbiah Naidu passed away on April 15, 1961. His wife -Radhalakshmi Ammal passed away on December 18, 1987. Among the three sons, one son, namely Durairaj, has been missing for the past 45 years. Hence, as per law, he is deemed to be civil dead. Therefore, Vasudevan and the first Plaintiff-Ramajeyam are entitled each ½ share in both items of the Suit Properties. Vasudevan Naidu passed away on February 22, 1997. The Plaintiffs 2 to 6 are the sons and daughters of Vasudevan Naidu and they are entitled to his share as his legal heirs.

3.3. One Vasudevan Pillai and Devamirdham (both deceased), who are the parents of the Defendants 1 to 4, were tenants of Suit Item No.1. One of the sons of Subbiah Naidu namely, Vasudevan Naidu who is also the father of the Plaintiffs 2 to 6, was working as a Manager in the Food Corporation of India in various stations and lastly settled at Thanjavur and passed away in 1997. The other son - first Plaintiff was working in Tirunelveli, Madurai and later in Chennai as a Medical College Professor. As they both were residing out of Mayiladuthurai, they did not take steps to receive rent from the tenants / Defendants 1 to 4. Taking advantage of the same, the Devamirdham executed a Settlement Deed dated May 20, 2005 in favour of Defendants 1 and 2 in respect of a portion of Suit Item No.1. In turn, the first defendant executed an Sale Deed dated July 14, 2010 in favour of fourth defendant, and the second defendant executed a Settlement Deed dated October 28, 2010 in favour of fifth defendant. Further, Devamirdham executed a Settlement Deed dated May 19, 2005 in respect of a major portion of Suit Item No.2 in favour of third defendant.

3.4. Hence, the Plaintiffs filed the Suit for declaration of title and recovery of possession from the Defendants and also sought for declaration that the three Settlement Deeds dated May 19, 2005, May 20, 2005 and October 28, 2010, and the Sale Deed dated July 14, 2010 are null and void.

4. The Defendants filed written statement, inter alia, stating that several years prior to the filing of the Suit, the Defendants had put up construction in Suit Item No.1 after obtaining permission from the competent authority. They further denied the Settlement Deed dated September 10, 1952, executed by Radhalakshmi in favour of Subbiah Naidu and the Will dated March 8, 1961, executed by Subbiah Naidu in favour of the first Plaintiff and his brothers.