Venkataswami, J.:

The plaintiff in O.S.No.50 of 1982, on the file of the court of Subordinate Judge, Coimbatore, has preferred this appeal.

2. Pending disposal of the appeal, the appellant/ plaintiff died and the second respondent (son of the deceased appellant) in the appeal has filed C.M.P.No. 10153 of 1991, claiming be the sole legal representative of the deceased appellant, and praying for transposing as the second appellant in the above appeal. After hearing learned counsel on both have ordered that petition. However, for the sake of convenience, the appellant hereafter referred to as the plaintiff and the contesting first respondent as first defendant.

3. Before going into the facts, it will be useful to narrate the relationship between parties. One Ranganathan was the son of the plaintiff (husband of the first defendant). the death of Ranganathan, the cause of action for the suit has arisen. The second (now the second appellant in this appeal) is the brother of the deceased Ranganathan. third defendant is the brother-in-law of the deceased Ranganathan. The 4th defendant tenant in respect of the second schedule property. The fifth defendant is a co house benefit s