1. 1st Defendant in O.S. No.431 of 1977, on the file of District Munsif, Kulithalai, is the appellant. The plaintiff who is the 1st respondent in this second appeal died and his legal heirs have been impleaded as respondent Nos. 3 and 4. The parties herein will be referred to in accordance with their rank in the suit.

2. The 2nd defendant is a temple, under which both the plaintiff and 1st defendant are lessees. The suit filed by the plaintiff was one for Declaration that the lane marked as A B E F in the plan attached to the plaint belongs to the plaintiff and for a permanent prohibitory injunction restraining the 1st defendant, his men and agents from in any way interfering with the plaintiff’s peaceful possession and enjoyment of the suit lane, and in the alternative to recover possession of the suit lane from the de fendant and to recover future profits and costs of the suit. As I said earlier, both the plaintiff and 1st defendants are lessees under the 2nd defendant, and they have constructed separate houses. Both of them are in possession of the respective buildings. It is the further case of the plaintiff that he is entitled to a site of 42 feet east to west and