Judgment

Bhan, J.—This appeal by grant of leave has been filed by the original defendants-the appellants herein, against the judgment and decree of the High Court at Madras granting preliminary decree of partition and separate possession to plaintiffs-the respondents herein, with respect to certain suit properties setting aside the judgment and decree of Trial Court as well as that of Lower Appellate Court, wherein aforesaid decree with respect to same properties had been denied to respondents.

Facts necessary for the disposal of this appeal are as follows:

2. One Thandavaraya Poosali had three sons Mottaya Poosali, Ayyasamy Poosali and Ammasi Poosali. In the present case, the dispute is between the children of Mottaya Poosali over the division of property inherited by them. Mottaya Poosali had two sons Manicka Poosali, Sadaya Poosali and a daughter, Ellammal. Sadaya Poosali died on 9.5.1962 leaving ­behind his widow and daughter respondent Nos.1 and 2 respectively. Appellants are Manicka Poosali, appellant No.1 (since deceased and now represented through his LRs., his wife Mahalakshmi, appellant No.3 and Ellammal, his sister and appellant No.2 herein. They would be referred to as the