2. One T.M.Manickam Mudaliar was the owner of various items of the properties in Sembium Village. He has executed settlement with regard to some of the items belonging to him in favour of his sister's son T.G.Rajabadhar Mudaliar under deed of settlement dated 07.06.1972. In the above settlement deed, the said Rajabadhar was given life interest and after his death vest on his children on their attaining majority. Under the Sale deed dated 25.07.1937, one of the item of the suit property was sold by the said Manicka Mudaliar. The same has been subsequently questioned in suit in O.S.No.2733 of 1965 on the file of the City Civil Court, Chennai seeking the above sale deed as null and void and not binding on the plaintiff. During continuation of the above proceedings in A.S.No.67 of 1984 in respect of Item Nos.1, 3, 5 and 6, a compromise decree was passed among the parties therein on 12.2.2002 and the appeal in A.S.No.67 of 1984 was confined in respect of items 2 and 4 of the plaint which are described in schedule 'A' and 'B' herein. Since the said Rajabadhar was alive at the time of filing of the suit, they were not in a position to claim any right in
