Judgment

S.B. Majmudar, J.-Leave granted.

2. I.A. No. 4, Application for substitution of the heirs of deceased original petitioner, is granted. We have heard learned senior counsel for the appellants, heirs of the original petitioner in the S.L.P. as well as learned senior counsel for the respondents finally.

3. A Bench of two Judges of this Court has referred the Special Leave Petition from which this appeal arises for decision of a larger Bench of three Judges by order dated 25th October 1996 and that is how these proceedings have been placed before us for final disposal. The refer­ence as aforesaid has been made presumably on the ground that there is an apparent conflict between two decisions rendered by two Judges Benches of this Court in the case of Mathevan Padmanabhan alias Ponnan (Dead) through LRs. v. Parmeshwaran Thampi & Ors.1 and in the case of Chettiam Veettil Ammad & Anr. etc. etc. v. Taluk Land Board & Ors. etc. etc.2

4. In order to highlight the controversy arising in the present appeal it will be necessary to note a few relevant background facts.

Background Facts

5. The present appellants’ predecessor was defendant No. 2 in a civil suit O.S. 75 of 1958 filed by the orig