Defendants are the appellants. Plaintiff-respondents brought the suit for a declaration of their title to the suit property and for recovery of possession of the same from the defendants with past and future profits. According to the plaint they became entitled to the suit property plot No.19 in what is known as the eastern extension scheme, Madhurai, in the following manner. Originally the first defendant was the owner of Town Survey No.2512/1 of about 32 cents and 2512/2 of 73 cents. He had borrowed from the plaintiff’s father a sum of Rs.5,000 on the 1st September, 1923 and had agreed to give a mortgage over the above properties, in addition to the promissory note which he executed. It was stated by the plaintiffs that without giving the mortgage as agreed to, the first defendant conveyed the properties to one Kuthuva Rangachari by a deed of sale of March 1924 directing him however to discharge the promissory note debt in favour of the plaintiff’s father. As the amount was not so paid the plaintiffs’ father filed a suit O.S.No.119 of 1926, Sub-Court, Madhurai, on the basis of the promissory note and on the agreement to give a mortgage and prayed for a decree for recove