Nainar Sundaram. J.

1. This Original Side Appeal is directed against the judgment and decree of the learned single Judge sitting in the Original Side in C.S. No. 110 of 1971. The First defendant in the Suit Originally preferred the Original Sick Appeal. The First-Defendant died pending the Original Side Appeal and his legal representatives have been brought on record. The plaintiff was the first-respondent. The second-defendant died pending the suit and his legal representatives were brought on record as defendants 4 to 8 and they are respondents 3 to 7 herein. The third-defendant is the second respondent. We propose to refer to the parties as per their array in the suit, because it would be convenient for dealing with the questions.

2. The pleas of the plaintiff in support of her prayer for a declaration of title and for a permanent injunction could be broadly stated as follows; In 1950, the second-defendant entered into a hire-purchase agreement with the predecessor in interest of the third-defendant under which the second defendant agreed to purchase a building to be designed and built in the suit plot. In 1952, the plaintiff became a tenant of the suit property under the sec