1. The defendant in O.S. No. 1186 of 1985 on the file of the District Munsif, Cuddalore, has filed the present appeal against the order of remand made by the learned District Judge, South Arcot at Cuddalore in A.S. No. 81 of 1989.

2. The respondent/plaintiff instituted the suit O.S. No. 1186 of 1985 on the file of the District Munsif, Cuddalore, for a declaration of title, recovery of possession and for future mesne profits. It is contended by the plaintiff that he had purchased the suit property and the properties situate on the north, south and west thereof from one Lilly Daniel in and by sale deed dated 27-1-1980 for valid consideration, that possession also was handed over, that a thatched house was put up in the property, that the same was leased out to the defendants father on a monthly rent of Rs. 15/-, that a rent deed dated 1-11-1980 was also executed by the defendants father and that the defendants father was living there with his sons. According to the plaintiff, for convenience, a partition wall was raised and that the defendants father and his brother Ponnu David were in occupation of a portion while the defendant occupied the other portion and that the defe