JUDGEMENT :- The second defendant in O.S. No.1705 of 1973 in the court of the District Munsif of Vridhachalam, is the appellant. One Arumugha Mudaliar had four daughters of whom one Sellammal died issueless. The position of the family with reference to the rest of the daughters will be clear from the following pedigree : -

The first plaintiff is the son of Perumal Pillai, the first defendant, and Kasthuri is the great grand daughter of Arumuga, the said Kasthuri having married her mother's cousin Perumal as his second wife. After the death of Kasthuri, whom he had married subsequent to his first wife's demise, he married a third wife by name Vijaya. Through the first marriage he has a son by name Nagaraj. Through the second marriage he has a son by name Durairajan, that is, the plaintiff. Through the third marriage, he had a son by name Ravi.

2. To go back to the family of Arumugha, he executed Ex. A.4 under which he bequeathed his properties to his first daughter Valliammal and to his second daughter's son. Perumal, the first defendant. There was partition between Valliammal and the first defendant on 29th June, 1940. Valliammal, on the same day, executed a Will by which she bequeathed items 1 to 4 of Part I of A Schedule to the plaint to her grand daughter Kasthuri and items 1 and 2 of Part II of A Schedule to the plaint to the second plaintiff. The plaintiffs claimed that Kasthuri was entitled to the suit properties, some by purchase, and others by bequest. The second defendant, among others, was in possession of the various items of the suit properties and the plaintiffs claimed that their possession was not legal and prayed for declarations of title and possession. The defendants traced their title to certain court auction purchase in execution of decrees against the first defendant or direct purchase from him. The plaintiffs claimed that the properties were not the properties of the first defendant so as to be sold in court auction in execution of the decrees passed against him. The court auction was conducted in pursuance of the decree in O.S. 544 of 1966 and there was a claim petition M.P. 842 of 1966 (Ex. B 13) by Vijaya, the third wife of Perumal and the step-mother of the first plaintiff. In the said claim petition, the step-mother of the first plaintiff stated that the properties were in the enjoyment of Valliammal and Kamalammal, the daughters of Arumugha, after his death, and that they effected a partition between themselves on 29th June, 1940, that after the death of Valliammal the properties were in the enjoyment of her daughter Sundaravalliammal and her grand daughter, Kasthuri and that after their death, the first plaintiff and his brothers became entitled to the properties. It is also stated that in certain other properties, which were sold in execution, the first plaintiff had an one-fourth share and the other two sons of Perumal Pillai had each one-fourth share, with the result that the sale in execution of decrees against Perumal, would not bind them or their interests in the properties. The claim petition was made on 3rd May, 1966. It was dismissed on 19th Jan. 1967. At the time of the hearing of the claim petition the claims of Nagaraj, the first wife's son of Perumal, and Ravi, the third wife's son of Perumal, were not pressed with the result that the court had only to deal with the one fourth share of the plaintiff as put forward in the claim petition. The step-mother, as guardian ad litem did not take any further action after the dismissal of the claim petition. The present suit was filed on 30-4-1973, for declaration, possession and mesne profits.

3. The suit was resisted among others by the second defendant on the ground that he was a bona fide purchaser for value in court auction and that the plaintiffs, not having taken steps within one year from the dismissal of the claim petition, could not validly seek the declaration asked for.

4. The learned District Munsif dismissed the suit with refer