One Sepoy Chidambara Udayar was last owner of the suit property He left India for Malaya in 1930. Before leaving he mortgaged the property in favour of the defendant’s husband. At the same time, he granted a lease in favour of Karuppanna Udayar, who was his divided paternal uncle. He died in Malaya in 1932 without any issues. The plaintiff claiming to be the son of an undivided brother of Sepoy Chidambara Udayar came to India in 1958. He ascertained that Muthammal, the widow of Karuppanna Udayar, and her son, had sold the suit property to the husband of the first defendant, the mortgagee. The sale was in discharge of the mortgage executed by Sepoy Chidambara Udayar. The plaintiff, claiming that Muthammal was incompetent to sell the property, pleaded that the conveyance was void and not binding upon him. He alleged further that the sale was in breach of confidence and faith and that he came to know of the fraud only on his return to India, and on such averments claimed that the suit was not barred by limitation.

The defendant contended that the plaintiff is not the son of the brother of Sepoy Chidambara Udayar. It was alleged that the defendant had prescribed for title to the