Judgment

K. RAMASWAMY, J.:- Leave granted.

The conflict of judicial opinion among the High Courts in interpretation of Explanation VIII to Section 11 of the Code of Civil Procedure, as introduced by the Code of Civil Procedure (Amendment) Act, 1976, is to be resolved in this appeal. Kutty Amma executed Udambadi (settlement deed) on May 19, 1961 giving life-estate to her husband Krishnan Nair, for short K, and vested remainder in favour of the respondent. She died in the year 1971. K alienated the property in 1972 by a registered sale deed in favour of Narayanan Nair and Chenan. The respondent filed O.S. No. 151 of 1972 in the District Munsif Court to restrain K from alienating the properties and committing acts of waste. Pending the suit, the appellant purchased the suit property on April 7, 1975 under Ex. B-1 from Narayanan Nair and Chennan. The trial Court, by its judgment and decree, Ex. A-2, dated November 18, 1975 decreed the suit holding that K had no right to alienate the lands and permanent injunction was issued restraining him from committing acts of waste. The appeal in A. S. No. 31 of 1976 by K was dismissed under Ex. A-4 on June 9,1978. The appellant, being not a party to