J U D G M E N T

This appeal raises a limited question, because of the order of remand by this Court in S.A No.232/1998.

2. The brief facts necessary for the disposal of the appeal are as follows:-

The plaintiff filed a suit for declaration of title and recovery of possession in respect of 25 cents of land because of a building therein. According to the plaintiff, the property was allotted to him in a partition deed and prior to that partition, the grand mother of the plaintiff permitted the husband of the defendant to occupy the property and that occupation was thus purely permissive. The defendant resisted the suit by contending that when there was a threat to her possession, O.S No.429/1982 was preferred by her and that in the said suit, the possession of the appellant herein was upheld. The plaintiff in the present suit, who was the defendant in O.S No.429/1982, pleaded a different