1. This Appeal is preferred by the unsuccessful Plaintiff, who lost his Suit for declaration of title and for possession of the Suit property successively before the Courts below.

I. Prelude:

2. The Suit properties herein exhibit an unabated propensity for litigation since 1981 and the present litigation is an offspring of this propensity. A preludial narrative of the facts, therefore, may enable easy appreciation of the cause that led to the current action. They are:

(i) There are two items of Suit properties. The first item of property is the Eastern 47 cents in Old No. 1708/A2 and A3 and correlated to R.S. No. 657/10 of Ponmanai Village, Kalkulam Taluk, Kanyakumari District. The second item of property is the Western 47 cents site comprised in the same Survey Number with 50 rubber trees

(ii) These properties originality belonged to one Harihara Iyer. They were outstanding on a Mortgage. The redeem the same, Harihara Iyer filed O.S. No. 65 of 1981 before the Principal District Munsiff Court, Padmanabapuram. On 1.4.1982, a Preliminary Decree was passed, and on 22.08.1984, a Final Decree for redemption too was passed. This was challenged by the Mortgagee in A.S. No. 24 of 198