The learned Additional District Judge of Salem, disagreeing with the decision of the District Munsiff of Sankaridrug at Salem, held in A.S. No. 395 of 1943 out of which this second appeal arises, that Ex. P-1, dated 26th December, 1931, related to the purchase of the suit property in the name of the plaintiffs’ vendor not as benami for the first defendant but in order to enure for the benefit of the plaintiffs’ vendor himself. Ex. P-1 was a sale deed for a consideration of Rs. 800 executed by one Muthuswami Konar in favour of one Duraiswami Naidu, by which the property mentioned therein was sold with absolute rights to the latter. On 7th June, 1941, Duraiswami Naidu sold the property purchased under Ex. P-1 to the plaintiffs for a sum of Rs. 1,500. On the strength of this purchase under Ex. P-12, the plaintiffs brought the suit for a declaration of their title to the suit house and possession of the same with damages for past use and occupation from the defendants. The first defendant who was the brother of defendants 2 and 3 contested the plaintiffs’ claim on the ground that the purchase under Ex. P-1 was for his own benefit and that he paid the consideration for it though