Judgment.- The first defendant is the appellant before me. The short facts relating to this Second Appeal are as follows:

2. The present suit O.S. No. 24 of 1961 was preferred before the Subordinate Judge’s Court, Ootacamund, for a declaration, of the plaintiff’s title and also for recovery of possession 50 cents (northern half of Survey No. 22/2). The case of the plaintiff is that Lakshmi Animal was the original owner and that the properties devolved on her granddaughter, Girjammal, as stridhana heir and from whom he purchased underExhibit A-1 dated 29th November, 1957 and notwithstanding this valid purchase by this plaintiff, the first defendant has been in continuous wrongful possession of the property. Hence the suit.

3. In the defence of the first defendant, it was contended that Rangiah the husband of Lakshmi Ammal, was the real owner who sold under Exhibit B-6 the entire property of one acre covered by Survey No. 22/2 in favour of Kapini Gowder from whom the first defendant had come to purchase the property under Exhibit B-7 dated 9th April, 1956, and therefore, his title ought to prevail. It was further, contended in defence that in so far as there was a prior suit, O.S. No.

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