ORDER

This appeal by special leave arises from the judgment of the learned single Judge of the Madras High Court, made on July 16, 1983 in Second Appeal No. 222/79. For the purpose of disposal of this appeal, it is not necessary to state all the facts. Suffice to state that one Ayyasamy Gurukkal was common ancestor in respect of the suit property. He had four sons, namely, Annasamy, Subbiah, Sundara and Neelkanda. Ramani is the grand-son of Ayyasamy Gurukkal who was impleaded as first defendant. The appellant had purchased his 1/3rd share in the property under the sale deed, Ex.A-6, dated 6.5.1967. Subbiah Gurukkal having been died unmarried; Sundara Gurukkal and Neelkanda Gurukkal had 1/3rd share each; Sundara died leaving behind him four grand-sons, D-3 to D-6 through his son Rajarathina, widow Dorai, D-7; and another son Ramalingam, D-2. Neelkanda died leaving behind him his widow, D-8 and daughter, D-9. His widow D-8 had sold her 1/3rd share to the plaintiff No. 1 under sale deed, Ex.A-7, dated June 26,1970. Initially, the plaintiff had filed OS No. 1848/67 for a declaration of title and injunction of the property purchased under Ex.A-6. Therein, it was held that though sale of