Defendant in O.S. No.435 of 1976, on the file of the District Munsif’s Court, Tuticorin, is the appellant.

2. Suit filed by plaintiffs is one for declaration of title and recovery of possession.

3. It is said that the plaint schedule property originally belonged to the father of the defendant. On the death of the defendant’s father, his right devolved on his two sons, namely, Ramiah Pannaiyar and Subbiah Pannaiyar (defendant). He had also a daughter by name Poongani Ammal. The appellant (defendant) and his brother obtained release of the right of Poongani Ammal and, therefore, the appellant and his brother became the absolute owners of the property. A partition was effected between the defendant and Ramiah Pannaiyar and the plaint property was allotted to the share of Ramiah Pannaiyar. Defendant was given some other property. First plaintiff purchased the plaint property as a vacant site from Ramiah Pannaiyar as per sale deed dated 15. 1974. After purchase, he put up a hut therein. The defendant at that time was living in his family house, which got dilapidated and ruined. Therefore, the requested the first plaintiff to let out the suit hut in the plaint schedule proper