This second appeal by the 3rd defendant is against the reversing judgment in A.S.No.49 of 1981 on the file of the Subordinate Judge, Salem, decreeing the suit O.S.No.2587 of 1973 on the file of District Munsif, Namakkal for declaration of plaintiff/1st respondent’s title to suit property and consequential injunction thereon. The plaintiff claimed title by purchase from the second defendant/3rd respondent under Ex.A-1 dated 3. 1969.

2. Earlier, the second respondent/first defendant’s wife and children brought the suit property to court auction to realise their decree for maintenance against the first defendant and themselves purchased the suit property. Then, they sold it to the second defendant under Ex. A-5 dated 15. 64. The second defendant in turn, entered into an oral sale agreement with the first defendant for selling the property to the first defendant and subsequently D-1 also filed O.S.No.299 of 1967 against the 2nd defendant for specific performance of the said agreement. While the said suit was pending, the plaintiff purchased the suit property as stated above. The suit was dismissed on 17. 1970 as borne out by Ex.A-2 judgment. Ex.B-1 is the copy of the suit re