This appeal is against the order of remand passed by the District Judge of West Tanjore in A.S. No. 205 of 1959 directing O.S. No. 437 of 1958 on the file of the District Munsif’s Court of Pattukottai to be disposed of on its merits. The defendant is the appellant. One Karuppa Konar owned certain agricultural lands in Vathalaikadu village in the Tanjore District. The village was originally part of an inam estate and was notified and taken over by the Government under the provisions of Act XXVI of 1948. Karuppa Konar died in 1948 leaving behind him his second wife Chellayee and six daughters through his pre-deceased first wife. On 7th January, 1955, Chellayee purported to execute a sale of the suit lands in favour of the respondent, who, on the strength thereof, instituted a suit for declaration of his title and for recovery of possession of the same from the appellant. The latter contested the claim stating that Karuppa Konar had even during his lifetime effected a partition of the suit property amongst the six daughters and that two of them had subsequently created an usufructuary mortgage in his favour which entitled him to remain in possession thereof. The appellant a