JUDGMENT :

G.K. Ilanthiraiyan, J.

1. The second appeal is directed as against the judgment and decree dated 21.12.1996 passed in A.S. No. 24 of 1996 on the file of the Additional Subordinate Court, Mayiladuthurai, reversing the judgment and decree dated 20.07.1995 made in O.S. No. 134 of 1987 on the file of the Court of the District Munsif Court, Sirkali.

2. For the sake of convenience, the parties are referred to as per their ranking in the trial Court.

3. The case of the plaintiff in brief is as follows:-

3.1. The suit is filed for declaration, declaring that the sale transaction between the defendants 1 & 2 and third defendant is not valid and permanent injunction. The suit property belonged to the plaintiff Devasthanam and the defendants 1 & 2 are paguthidhars of the suit property under the plaintiff. The paguthi payable is Rs. 100/- per annum, by the defendants to the plaintiff. In fact, there are rental arrears and the defendants 1 & 2 have no right except as paguthidhars under the plaintiff as such, they have no power to alienate the suit property to any other.

3.2. While being so, the plaintiff received communication dated 24.02.1987 from the fourth defendant viz., the Sub Regist