N. V. BALASUBRAMANIAN, J. :- This Letters Patent Appeal is preferred against the judgment of learned Single Judge rendered in A.S. No. 44 of 1983 dated 17-3-1998. Learned single Judge by the judgment allowed the appeal preferred against the judgment and decree in O.S. No. 5154 of 1974 on the file of City Civil Court, Chennai dated 15-7-1982. Against the judgment of the learned single Judge, the plaintiffs in the suit have preferred this appeal. For the sake of convenience, the parties are hereinafter referred to as shown in the plaint.

2. It would be convenient to refer to an earlier judicial proceeding in which the suit property (Door No. 31, Sami Chetty Street, Komlaswarpet bearing O.S. No. 148, R.S. No. 1168, C.C. No. 440 within the sub-registration district of West Madras and registration district of Madras, measuring an extent of about I ground 946 sq. ft.) was the subject matter of the suit. We also refer to the genealogy of one Chidambara Naicker as parties in the present suit as well as in the earlier suit are the descendants of Chidambara Naicker and Chinnammal. The family tree is as under :

The property originally belonged to Chidambara Naicker. Chidambara Naicker