Ratnavel Pandian, J.-This appeal has been preferred by the unsuccessful plaintiff in O. S. No. 43 of 1968 on the file of the Subordinate Judge, Nagercoil. The said suit was filed by him for declaration of his title to and possession of the plaint schedule property and a permanent injunction restraining the defendant from interfering with his possession, and if the defendant managed to get possession by force and was found to be in possession for directing him to deliver possession of the property to the plaintiff with mesne profits after giving declaration of title, and for costs.

2. The plaint allegations were as follows: The plaint schedule property is a portion of S. No. 1398/65-A in Kaliel Village, the total extent of which is 250 acres. The said 250 acres belonged to one Mr. Mohamed Mustaffa, son of Masthan Rowther. He executed an agreement of sale dated 16th September, 1957 in favour of the plaintiff in respect of the said 250 acres, for a total consideration of Rs. 62,500 and the plaintiff also paid an advance of Rs.1,801 to Mustaffa. From the time of the said agreement, the plaintiff was requesting Mustaffa to give the property on sale for a total consideration of Rs. 50,000

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