Second defendant is the appellant. The suit was one for recovery of possession of a building described in schedule B to the plaint. It was filed in the first instance by two plaintiffs, namely Sundaran Nadar Bhaskaran (the respondent), and his brother, Sukumaran. Pending the suit, Sukumaran sold his rights under two deeds of sale to one Velukutty and one Vijayakumaran Nair, after which he got himself removed from the array of parties by order dated 16-7-1982 on I.A.No.3770 of 1981. Velukutty filed I.A.No.3735 of 1981 to come on record as a defendant as an assignee from Sukumaran. It was vehemently opposed by the first plaintiff Bhaskaran alleging that Velukutty had not obtained any right over the building. He even denied any separate assignable interest in Sukumaran over the building. The Munsiff dismissed the petition observing that Bhaskaran did not want any relief against Velukutty, besides, the suit itself was at the stage of trial and evidence had been partly recorded. This order was not challenged and the suit proceeded to trial with the first plaintiff alone on record.

2. The property in question is a building described in the B Schedule, standing on the A schedul