RAMANUJAM, J. :- This matter has been posted before us on an order of reference made by Sethuraman J. as he felt that there was a conflict between the decision of Balasubrahmanyam J. in S. Charles Samuel (died) v. Board of Trustees, Suchindram, (1978) 91 Mad LW 320 and that of Varadarajan J. as he then was, in N. Lakshmanan Nadar v. Board of Trustees. Sucheendram, (Order dt. 10-12-1975 in C.M.P. No.13471 of 1975 in S. A. 1444 of 1972).

2. Before dealing with the point in respect of which a conflict is said to have arisen, it is necessary to set out briefly the facts of this case. The respondent herein filed a suit for declaration of his title to the suit property comprised in S. No. 379/2 Velampatti village and for an injunction restraining the petitioner-defendant from interfering with his possession and enjoyment of the same. The Plaintiff's case was that by means of a registered sale deed dated 24-6-1953, he purchased from one Seeni Thevar the suit property, which was paimash No. 26, subsequently correlated during the survey as S. No. 379/2. The suit was resisted by the defendant on the ground that the suit property comprised in S. No. 379/2 corresponded to old paimash N