JUDGMENT

The plaintiffs in O.S.No.25 of 2011 on the file of the Sub Court, Thoothukudi are the appellants in this second appeal. The suit was for cancelling the gift deed dated 07.05.2007 (Document No. 438/2007) and for mandatory injunction to direct the defendant to hand over the title document to the plaintiffs. The suit was decreed by the trial Court vide Judgment and decree dated 11.03.2013. Challenging the same, the defendant filed A.S.No.9 of 2014 on the file of the second Additional District Judge, Thoothukudi. The first appellate Court allowed the appeal and reversed the decision of the trial Court and dismissed the suit.

Aggrieved by the same, the second appeal came to be filed.

2. The second appeal was admitted on 07.08.2015 on the following substantial questions of law:-

“(a) Whether the possession of original title deeds by the respondent amounts to enjoyment of possession of the property when there is no constructive appreci