The plaintiffs appeal from the judgment of the learned Additional Subordinate Judge, Devakottai, in A.S. No. 1 of 1956 on his file by which he allowed the appeal preferred by the defendants against the judgment and decree of the District Munsif of Devakottai, in O.S. No. 134 of 1954. The suit was for a declaration that the plaintiffs were the owners of the site described in the plaint schedule and for a decree setting aside the order passed by the District Munsif in E.A. No. 92 of 1954, on his file and directing possession of the property to be delivered to the plaintiffs.

The suit property is the northern portion of the property purchased by the plaintiffs under Exhibit A-6 on 14th November, 1951, from one Alagappa Chettiar and three others. A part of this northern portion had been leased by one of the vendors in favour of one Muthayya under Exhibit A-4 on 1st October, 1945. The lease was to enable Muthayya to construct and conduct a tea-shop in the site. He accordingly constructed a tea-shop and was conducting it for some years. The southern portion of the property purchased by the plaintiffs under Exhibit A-6 had been leased to them by Chidambaram Chettiar, father of