Odgers, J.

1. This is an appeal from the judgment of the learned Officiating Chief Justice in S.A. No. 940 of 1921 which was in turn an appeal from the Second Additional Judges Court of Tanjore.

2. The matter came before us sometime before the vacation when we heard arguments at considerable length. We, however, deferred giving judgment in view of representations that were made to us that there was a strong probability of the parties coming to terms. We were informed just before the beginning of the vacation that these negotiations had broken down and we, therefore, posted the case for fresh argument after the vacation.

3. The litigants are Muhammadans, the Plaintiffs Nos. 1 and 2 being the children and the 3rd plaintiff the wife of one Sheik Muhammad Rowther. The defendant is the brother of Sheik Muhammad Rowther uncle of the present male plaintiff. The subject of the litigation is certain property and this has been a fruitful subject of controversy between the parties or their ancestors in the past. In O.S. No. 15 of 1905 Sheik Muhammad Rowther through whom the plaintiffs claimed filed a suit against the present defendant his brother for disturbance of his possession of the