Krishnaswami Nayudu, J.-

The appeal arises out of a suit to declare the plaintiffs’ right to the A Schedule properties and to direct delivery of possession of the same. The 2nd defendant is the appellant. The suit properties originally belonged to one Vinayagam Pillai. The plaintiffs are the sons of Vinayagam Pillai by his first wife. Vinayagam Pillai married a second wife Vellayammal in whose favour he executed a sale deed of these properties on 5th September, 1930. Vellayammal died in 1935 leaving no issue. Vinayagam Pillai died in 1940 leaving the plaintiffs, his undivided sons, and his first wife who is the 5th defendant. On 7th May, 1940, Vellayammal’s mother Krishnammal, claiming to be her stridhana heir, sold these properties to one Sankarapandia Thevar and eventually the 2nd defendant purchased them under Exhibit B-4 dated 3rd March, 1945 from the 1st defendant, to whom Sankarapandia Thevar sold the properties in 1944. The question arose as to who would be the lawful heirs of Vellayammal, whether the mother who purported to deal with the (properties, or her husband and his heirs, viz., the plaintiffs and the 5th defendant, which again depended on the form of Vellayammal’s m

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