Judgment

HEGDE, J. - This appeal by special leave is directed against the decision of a single Judge of the Kerala High Court in a second appeal. Therein the learned Judge allowed the appeal of the plaintiffs, reversed the judgment and decree of the first appellate Court and restored that of the trial Court.

2. In order to decide the points arising for decision in this appeal it is necessary to set out in brief the facts of the case. This litigation has a long history. The property concerned in the suit is 99 cents in extent but it contains some buildings. It is situate in a municipal town of Kottayam taluk. It appears that the property has now become very valuable. This property admittedly at one time belonged to an Ezhava Marumakkathayam Tharwad. Three junior members of that Tharwad sold that property to a third party in 1063 M. E. (Mallayalam Era.). Three other junior members of that Tharwad sued for the recovery of that property in 1074 M. E after setting aside the alienation which according to the plaintiffs therein was not valid and binding on the Tharwad. That suit was decreed and the plaintiffs therein were allowed to recover possession of that property on their paying the al