Alfred Henry Lionel Leach, C.J.

1. The appellant filed a suit in the Court of the Additional District Munsif of Salem for a declaration that an alienation made on the 4th February, 1918, by the fourth respondent, the mother of one Shanmugam, in favour of the father of the first, second and third respondents was not binding on the reversion. Shanmugam died in 1916 and the appellant claimed to be the nearest reversioner. The common ancestor was a Sudra woman, named Valliammal, who was a prostitute. She had two sons, Muthu Mudaliar and Palaniyandi Mudaliar, but it is not known whether they were born of the same father. There is no evidence at all with regard to their paternity. The connection between the appellant and Shanmugam will be gathered from the following geneological tree:

Valliammal | _______________________________________________ | | Muthu Mudaliar Palaniyandi Mudaliar | | Krishna Mudaliar Kunjan (appellant). _________________________________ | | | Daughter Daughter Palaniyandi= | Panchakshari Ammal | (4th respondent) Four sons. | Shanmugam (died in 1916).

It has been accepted for the purposes of this appeal that all the descendants of Muthu and Palaniyandi are legit