SYED M.FAZAL ALT, J.

(1) PALANISAMY Gounder and Nallasamy Gounder were step brothers and the first respondent Nallammal was the wife of Palanisamy Gounder. Palanisamy Gounder died in 1976. Nallasamy Gounder died on 11/03/1949 leaving his widow Sellammal and two sons Periyasamy Gounder and Doraisami Gounder. Admittedly P. Gounder and N. Gounder were members of a joint family but the plaintiff Nallammal claimed that there was a division in the family. This fact was contested by N. Gounder who took proceedings against the plaintiff Nallammal in Original Suit 43 of 1942 where it was held that there was no division in the status between the two brothers, P. Gounder and N. Gounder and that the entire family properties passed by survivorship to the other brother Nallaswaini Gounder. This judgment is dated 22/02/1945 and it was confirmed in appeal by the Sub-Judge on 17/03/1946. The plaintiffs case was that after this suit there was a pandhayat in the family some time in the year 1949 wherein the plaintiffs claim for maintenance and residence was settled and the suit properties comprising an extent of 40 acres out of a total 160 acres were given by the defendants 2 and 3 to the fir