2.The case of the petitioner is that the properties comprised in S.Nos.17/5 and 17/6 situated at Athiyur village, Yercaud Taluk, Salem District, were issued in favour of the petitioner's brother namely Jeyeraj and the petitioner respectively by way of conditional assignment. After the demise of the petitioner's brother, the petitioner purchased the property in S.No.17/5 through a registered sale deed dated 08.02.1990 from Sheela, the wife of the petitioner's brother. Thereafter, one K.Gunatharan approached the petitioner and offered a proposal for mining in the above said properties. While so, the petitioner, the said K.Gunatharan and one Asaithambi entered into an agreement to undertake mining activities in the said properties for five years from 1984 to 1989. The power of attorney was executed in favour of said Asasithambi but misusing the same, the said K.Gunatharan and the said Asaithambi executed a sale deed dated 13.02.1992 in favour of the sixth respondent. The sixth respondent claimed that they had purchased the said property in S.No.17/6 and they had also taken one acre in S.No.17/5 on
