The first defendant in O.S.No. 562 of 1977, on the file of the District Munsif’s Court, Vriddhachalam, is the appellant.

.2. The plaintiff, who is the first respondent herein, filed the above suit for declaration of his title and permanent injunction to restrain the first defendant from interfering with his possession, and in the alternative, to recover possession from the defendants.

.3. The material facts are as follows:-

.Defendants 1 and 2 are brothers. The first defendant herein filed O.S.No.246 of 1969, on the file of the District Munsif’s Court, Vriddhachalam, claiming half share in the plaint items in that suit. The sole defendant therein is the second defendant in the present suit. The suit was filed on 11. 1969. A preliminary decree was passed on 23. 1979, and a final decree was also passed on 20.3.1971. As per the final decree, the plaintiff therein was allotted half share and the second defendant herein was gi ven the remaining half. The plaintiff was also awarded costs and mesne profits in the suit, allowing to recover the same from the second defendant herein.

4. Before execution was levied in the earlier suit, the second defendant executed a sale dee