JUDGMENT

Defendants are the appellants. The parties and facts are hereinafter referred to as they are arrayed before the trial court.

2. The plaintiff claimed to be the absolute owner in possession of the plaint schedule property having obtained it under Ext.A2 partition deed of the year 1969. It infact formed a part of 1.37 acres obtained by the father of the plaintiff as per Ext.A1 document. The defendants own property on the southern side of the plaintiff's property. On the allegation that the defendants are trying to trespass into the suit property and set up claims thereon, the suit for declaration of title and possession was instituted by the plaintiff.

3. The defendants resisted the suit. They disputed the title of the plaintiff over the suit property.

S.A.21/2000. 2 According to them, the suit property is covered by a gift deed in their favour of the year 1959 and the plaintiff had no manner of right or possession over the same. It is also contended that a portion of the property was acquired for National Highway and compensation for the said acquisition was paid to the defendants. Therefore, the plaintiffs are estopped from contending that the plaint schedule property belongs