JUDGMENT

Dr. Arijit Pasayat, J. —

1. Challenge in this appeal is to the judgment of a learned Single Judge of the Madras High Court in Second Appeal filed by the respondent No.1.

2. Background facts in a nutshell are as follows :

On 12.2.1978 an agreement for sale was entered into between one Shahul Hameed and Arunchalam (father of the appellant). On 26.5.1978 Shahul Hameed sold the property to one Saraswathi Ammal who was not a party to the proceedings. On 3.2.1981 aforesaid Arunachalam instituted suit No.OS 528 of 1981 against Shahul Hameed for specific performance. Initially Saraswathi Ammal was not a party. On 13.7.1983 an application (I.A. No. 830 of 1983) was filed to implead Saraswathi Ammal as defendant. On 28.1.1984 Saraswathi Ammal sold the property to Anna Pushpam Ammal and Lalitha Ammal under two sale deeds. I.A. No. 830 of 1983 to implead Saraswathi Ammal was allowed on 16.4.1984. On 17.9.1984 plaint was amended showing Saraswathi Ammal as defendant. An ex-party decree was passed in OS No. 528 of 1981 on 11.7.1985. On 30.12.1985 Anna Pushpam Ammal sold the property to the respondent No.1. On 8.8.1986 Lalitha Ammal sold the property to respondent No.2. On 10.11.1987 Exe