defendant’s husband died leaving behind him, his widow, the first defendant herein and a son. Subsequently, the son also died leaving behind him, his mother, the first defendant alone as the sole heir to the properties of late.Chithambaranathan Nadar. As such, the first defendant had been in possession and enjoyment of the plaint schedule properties and other properties allotted to the share of late. Chithambaranathan Nadar. But disputes arose in the matter of enjoyment of plaint schedule properties and other properties or the first defendant. Therefore the first defendant was forced to file a suit in O.S.No.109/1123 M.E before the District Court Nagercoil for declaration of title and injunction basing on the partition already effected between the father and the two sons as stated supra. The suit was dismissed. The first defendant preferred an appeal in A.S.No.21 of 1995 before the High Court or Travancore-Cochin State, subsequently, transferred and renumbered as A.S.No.634 or 1955 before the High Court of Judicature at Madras. During the pendency of the said appeal, the first defendant and late Masanamuthu Nadar arrived at a settlement and thereby the said appeal came to be withdrawn. As per the said settlement dated 26.12.1957, the first defendant was allotted the plaint schedule properties and as such, the first defendant has been in possession
