1. The appellant/revision petitioner is the 3rd defendant in the suit. The respondents 1 and 2 filed a suit for the relief of declaration of title to the suit property on the basis of a Will and also a declaration that the judgment and decree passed in O.S.No.83/85 in favour of the appellants as null and void and also for a declaration that the sale deed executed by the 3rd respondent in favour of the 4th respondent under a power of attorney is also not valid.

The suit property, 1 acre and 86 cents, is a part of an extent of 26 acres in resurvey No.1178. The identification of the suit property is not in dispute. The entire 26 acres originally belonged to one Deva Aasirvatham, who is the grandfather of respondents 1 and 2 and father of the third respondent. The 3rd respondent is the mother of the respondents 1 and 2.

2. The appellant had entered into a sale agreement dated 9. 1981 with the said Deva Aasirvatham in respect of 26 acres in resurvey No:1178. Under the sale agreement, the appellant was permitted to develop the entire area to form lay out of house sites and the vendor agreed to execute the sale deeds in favour of the various intending purchasers identified by t