This second appeal arises out of an action brought by the appellant for partition and separate possession of his 2/5th share in an extent of 1 acre 38 cents situated in Idayakottai Zamin, Madurai district. The suit properties originally belonged to two brothers by name Vellama Naicker and Rangappa Naicker. They conveyed their 2/5th share in the family properties by two sale deeds executed in 1927 and 1929 respectively to one Koolayappa Rowther. As the vendee failed to pay the rent due to the land-holder, the properties were brought to sale and were purchased by one Muthu Naicker, the manager of the joint family of which defendants 3 to 9 were members in 1930 and possession was taken by the auction purchasers after having obtained the necessary sale certificate. In spite of this, Gulam Muhammad, son of the said Koolayappa Rowther, sold them to the plaintiff on 14th August, 1943, as if title in this property still inhered in him. On the basis of this sale deed, the present suit is filed for the reliefs mentioned above. On 16th February, 1944, the defendants 3 to 9 who were the surviving members of the family of which Mutha Naicker was the managing member, sold the property