JUDGMENT

The 2nd defendant in O.S No. 49 of 1996 on the file of Sub Court, Ambasamudram (later transferred and renumbered as O.S No.44 of 2004 on the file of the Principal District Munsif Court, Ambasamudram) is the appellant in this second appeal. The suit was filed by respondents 1 to 9 herein for declaring that the suit property belongs to them and for recovery of possession from the 1st defendant, namely, Subramania Nadar. During the pendency of the suit, Subramania Nadar sold the suit property in favour of the appellant who got impleaded as the 2nd defendant on 03.10.1997.

2.The stand of the plaintiffs is as follows :

The suit property belonged to Chidambaram Pillai; the 1st plaintiff, Vijayalakshmi was his second wife, the first wife being Gomathi @ Vannamuthammal; the other plaintiffs were born to Vijayalakshmi through Chidambaram Pillai; Chidambaram Pillai executed settlement deed dated 30.03.1959 settling the suit property in favour of the plaintiffs ; Chidambaram Pillai and the 1st plaintiff were residing in the said property; Chidambaram Pillai passed away on 25.06.1981; suppressing the said settlement deed, Vannamuthammal, the 1st wife of Chidambaram Pillai mortgaged the s