JUDGMENT

KAILASAM, J.:— The appellants in this appeal by special leave are plaintiffs 1 to 5 in the suit. The plaintiffs 1 to 5 are sisters and defendants 1 and 2 are their brothers. The third defendant is their unmarried sister. They are the children of the late Mithukumaraswamy Gounder who died intestate on 20-12-1962 leaving his father Venavaraya Gounder who was managing all the ancestral joint family property as the head of the Hindu Undivided Joint Family till his death on 5-3-1972. The plaintiffs claimed that on the death of Muthukumaraswamy Gounder his 1/3 share in the joint family property devolved on his sons and daughters, his sons, defendants 1 and 2 taking 1/3rd share each in 1/3rd share of the family property by birth and in the balance all the sons and daughters of Muthukumaraswamy Gounder taking an equal share each. The plaintiffs claimed to have been in joint possession of the properties along with Venavaraya Gounder and his other sons. Similarly on the death of Vanavaraya Gounder, 1/3rd share in the family properties devolved upon his heirs, the plaintiffs and defendants 1 to 3 being entitled to certain shares. The claim in the plaint is that each of the plaintiffs