JUDGMENT

This appeal is against the judgment of the Madras High Court dated 20 February, 1981 made in Second Appeal No. 2015 of 1977 arising out of suit for declaration of title and injunction in respect of property measuring 3.06 acres.

2. The appellant instituted the suit for declaration of title after purchasing the property from Ramaswamy under the sale deed Ex. A-1 dated 29 November, 1971. It is necessary to trace how Ramaswamy got the suit property. One Manthi alias Thambiran Padayachi had three sons one of whom was called Chinnathambi. The admitted wife of Chinnathambi was called Pavayee, who is referred hereafter as Pavayee No.1 Chinnathambi was living with another woman having the same name who is hereinafter referred to as Pavayee No. 2. Two sons and one daughter were born to Chinnathambi with Pavayee No.2. Ramaswamy is one of the sons. Manthi executed a will Ex. B-1 dated 17 March, 1930 bequeathing his properties to his children and grandchildren. Chinnathambi filed a suit against his brothers claiming a share in the properties bequeathed under the will and also in respect of other family properties. The suit was terminated by a compromise Ex.B-32 dated March 18, 1952. Chi