1. This second appeal is directed against the judgment of the learned District Judge, Dindigul in A.S.No.64 of 1985, confirming the judgment of the learned District Munsif, Palani, in O.S. No. 547 of 1981. Defendants 1 and 2 in the suit are the appellants in the above second appeal.

.2. As the decision in the second appeal revolves around the competence of the court to pass a decree in favour of a defendant as contemplated under Order 8, Rule 6, 6-A to 6-G, C.P.C., it is unnecessary to refer to the pleadings of the parties or the findings of the courts below in detail.

3. The plaintiffs filed the suit for recovery of possession and for mesne profits by impleading defendants 1 and 2 who were described as trespassers. The third defendant filed an application seeking to be impleaded as defendant. After the plaintiff filed the objections, the application was allowed and he was added as third defendant. According to the plaintiffs, the third defendant had no right, title or interest over the property, the first and second defendants disputed claims of the plaintiff and the identity and description of the property were also disputed. They were in possession of the property