Varadachariar, J.

1. This is an appeal by defendants 1 and 2 against a decree in ejectment passed against them, in respect of the properties specified in Schedule A to the plaint and directing payment of a small sum of money representing the price of easuarina trees admittedly cut by them. Defendant 1 having died pending the appeal his son defendant 2 is continuing the appeal so far as the. legal title to the A schedule properties is concerned; the appellants claim title to it under Ex. 23 executed by the Official Assignee of Madras, on 27th March 1925, representing the estate of one Sadagopa Chetti.

2. The properties admittedly belonged, originally to one Shanmuga Mudali, father of defendants 4 and 5. This Shanmuga had entered into an agreement with Sadagopa, in January 1921, to sell these properties and also certain movables, for a total consideration of Rs. 15,000. Shanmuga had already borrowed Rs. 4,000 from Sadagopa on 14th January 1921 and given a promissory note therefor, Ex. 10-B. The evidence in the. case shows that Sadagopa had received a sum of Rs. 10,000 in December 1920 from plaintiff 1, Balakrishna; and having regard to the evidence as to the absence of other re