JUDGMENT :

R. Subramanian, J.

1. The second defendant in OS No. 1308 of 1998, who suffered a decree for declaration of title of the plaintiff and defendants 3 to 5 and for recovery of possession as against the second defendant has come up with this Second Appeal.

2. Originally the suit was laid by the plaintiff for a declaration that the first defendant had only a life estate and the plaintiff and defendants 3 to 5 were the reversioners. The first defendant the life estate holder, according to the plaintiff, died pending suit forcing an amendment to the plaint seeking declaration of the title of the plaintiff and defendants 3 to 5 and for recovery of possession from the second defendant, who claimed to be a purchaser from the first defendant.

3. The facts that led to the filing of the suit are as follows:

The suit property belonged to one Patti Chettiar, who had married the first defendant in the 1920's. Though they were blessed with a son, it appears that he died some time in 1932. Thereafter, Patti Chettiar married another Rajammal as his second wife. She died without any issues. Sometime in 1949 precisely on 05.09.1949 Patti Chettiar married one Pappathiammal @ Aavudaiammal, as his t