B.M.KOTTESWARAN AND ANOTHER Vs. R.DEVASENA AND OTHERS

JUDGEMENT

(1.) These two Appeal Suits arise from the commonjudgment of the XVIII Additional Judge, City Civil Court, dated 06.03.2013 in O.S.No.10176 of 2010and O.S.No.10177 of 2010 dismissing the suit for partition and permanent injunction and decreeing the other suit, whereby declaring the settlement deed, dated 21.08.1989 executed by B.Munuswamy in favour of B.M.Rajasekar as true and binding on the defendants in that suit and damages.

(2.) The plaintiff in partition suit (O.S.No.10177 of 2010) and the defendants 1 and 2 in the suit for declaration (O.S.No.10176 of 2010) filed these two Appeal Suits A.S.No.293 of 2014 and A.S.No.292 of 2014 respectively. In this common Judgment on these two appeals, for the sake of convenience the plaintiffs and defendants arrayed in the suit for declaration, i.e., O.S.No.10176 of 2010 will be mentioned as plaintiffs and defendants.

(3.) The case of the plaintiffs as pleaded in their plaint and in the written statement filed in the other suit is as follows :