VENKATARAMAN, J. : This Letters Patent Appeal arises out of a suit (O. S. No. 99 of 1955) filed in the court of the Subordinate Judge, Madurai. The plaintiff in the suit (Vellaichami Pillai) is the appellant before us. The suit was brought for a declaration of the plaintiff's title to the suit properties and for an injunction restraining the defendants from interfering with the plaintiff's possession. The actual contest is between the plaintiff on the one hand and the 3rd defendant on the other. The 3rd defendant's claim of title arises thus : defendants 4 and 5 (Somasundaram Pillai and Chokku Pillai) were adjudicated insolvents in I. P. No. 5 of 1960 on the file of the Subordinate Judge, Madurai, and their estate vested in the Official Receiver. On the footing that the suit properties belonged to defendants 4 and 5, the Official Receiver put up for sale the leasehold right in them for a period of one year, and the auction purchaser was the 2nd defendant. Later, the interest of the insolvents was put up for sale and the auction purchaser was the 3rd defendant, the price being Rs. 11,000. Thus, the question would be whether the plaintiff is entitled to the properties or whe