JUDGMENT: (5-12-1975).- This appeal arises under the following circumstances ; The appellant-Devasthanam filed a suit O.S. No. 123 of 1962 before the District Munsif of Mayuram for possession of the suit site after removing the superstructure put up by the respondents -defendants. The said suit was subsequently transferred to the District Munsif’s Court, Nagapattinam and numbered as O.S. No. 268 of 1965 and a decree was passed ex parte on 29th July, 1966 on the defendants’ counsel reporting no instructions and the defendants being absent and set ex parte. The decree directs the defendants to deliver possession of the property to the appellant after removing the superstructure put up by them. The description of the property as given in the decree is that it is situated in the 4th Ward T.S. No. 280 having an area of 27,378 sq. ft. with the trees and other plants on it. The respondents-defendants filed a petition to set aside that ex parte decree but it was dismissed and against that order of dismissal they filed C.M.A. No. 45 of 1969 in the Sub-Court, Mayuram but that was also dismissed on 4th August, 1969. The respondents-defendants then filed O.P. No. 26 of 1965 under section 9 of

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