.1. The first appellant filed the suit in O.S.No. 687 of 1982 on the file of the District Munsif Court, Bhavani, for declaration and for permanent injunction against one Ghouse Mohideen Sahib, who died pending the suit whose legal representatives are appellants 2 to 5 in S.A.No.209 of 1988, and against Bhavani Municipality.

2. According to the 1st appellant, the suit property was owned by his father and he has been in possession and enjoyment of the same for the past 25 years and thereafter he became entitled to the same. The 1st defendant-municipality had recognised the 1st appellant/plaintiff as the owner of the suit property and assessed property tax in his name and so the said Ghouse Mohideen Sahib 2nd defendant has no right or title or interest in the suit property, but he attempted to interfere with the possession and enjoyment of the plaintiff.

3. The said Ghouse Mohideen along with one P.K. Babu filed the suit in O.S.No. 301 of 1983 on the same Court for declaration, delivery of possession and fur mesne profits with respect to the same property. According to them they are the brothers, and the suit property is their ancestral property. Their father had mortgag