Srinivasan, J.

It is better to set out in the common the facts leading to the filing of the two writ petitions and the second appeal. We will refer to the parties according to their ranks in the second appeal.

2. The dispute relates to door No.l24-F in Shenoy Nagar, Madras which originally belonged to the Corporation of Madras, (referred to hereinafter as the first respondent). The first floor of the said building was allotted to the father of the second respondent by name P.C. Sivanandam for occupation as a tenant on a monthly rent of Rs.28. The allotment was made under R.D.C.No. 35928/50, dated 27. 1950. A similar allotment was made of the ground floor to the husband of the first appellant and father of appellants 2 to 5 by name C. Selvaraj under R.D.C. No.5/50, dated 27. 1950 on a monthly rent of Rs.28.

3. The father of the second respondent occupied the building on 18. 1960. The exact date of occupation by Thiru Selvaraj is not available in the records. But it is admitted by Thiru Selvaraj in his deposition in the suit out of which the second appeal arises that even when he went to occupy the ground floor, the father of the second respondent was already residing th