Madhavan Nair, J.

1. The legal representatives of the 1st defendant are the appellants. The suit properties originally belonged to one Ramaswami Aiyar. After his death, his widow Anantammal became entitled to the properties. She had three daughters, Muthammal, Chinnammal and Narayani Ammal, one of whom, Narayani Ammal, the mother of the 2nd defendant, predeceased Anantammal. As a result of a family settlement the two surviving daughters surrendered their life-estate to defendants 1 and 2 and to Ramaswami Aiyar, the deceased brother of the 1st defendant. Ramaswami Aiyar and Subramania Aiyar are the children of Chinnammal. In 1891 the two daughters of the propositus Ramaswami Aiyar and the 2nd defendant and Ramaswami Aiyar for himself and as guardian of his brother, the present 1st defendant, executed Ex. C in favour of the plaint temple in respect of the suit property. The temple had been enjoying the property from that date till it was dispossessed in 1921 as a result of a decree obtained by the present 1st defendant in O.S. No. 550 of 1920.

2. The suit out of which this Second Appeal arises, was instituted for the recovery and possession of the plaint property with mesne pro