Pandrang Row, J.

1. This is an appeal from the order of the Principal Subordinate Judge of Tinnevelly dated 20th February, 1934, reversing in appeal the decree of the District Munsif of Tinnevelly dated 27th January, 1933, in O.S. No. 279 of 1931 and remanding that suit for fresh disposal in the light of the observations made by him. The suit was one for a declaration of the plaintiffs exclusive title to a house and for cancellation of the entry of the second defendants name in the house-tax-payment register of the Union Board as the joint owner of the house along with the plaintiff and also for a mandatory injunction directing the President of the Union Board the first defendant, to strike off the second defendants name from the register.

2. The really contesting defendant was the second defendant who denied the title of the plaintiff. A number of issues were framed by the Trial Court but after all the evidence had been taken, both parties made an endorsement on the plaint to the effect that if with the key produced by the second defendant the Commissioner to be sent by the Court could open the door of the house and the second defendants things were found in the house the su