Judgment :-

R.V. Raveendran, J.

The defendants in a suit for declaration of title and possession are the appellants in this appeal by special leave. The said suit (O.S. No.72 of 1984 on the file of the Subordinate Judge, Ramanathapuram), filed by the first respondent herein was dismissed by judgment dated 21.7.1987. The appeal (A.S. No.924 of 1987) filed by the first respondent was dismissed by a learned Single Judge of the Madras High Court by judgment dated 25.4.2001 and that decision was challenged by the first respondent in L.P.A. No.125 of 2001. The said appeal was allowed by a Division Bench of Madras High Court by its judgment dated 13.11.2001. For convenience, the parties will also be referred by their rank in the suit.

2. The plaintiffs case in brief: The plaintiff purchased Sy. No.407/2-B- 2 measuring 5 acres 11 cents in Kanjirangudi Village, Ramanathapuram District along with some other lands under sale deed dated 2.3.1982 (Ex.A4) executed by S.A.M. Liyakath Ali Khan and his three brothers and sister. The said land originally belonged to one S.A.M. Allah Pitchai Ambalam (for short `Allah Pitchai) who died issueless in the year 1967 survived by his brothers S.A.M. Mohammed