JUDGMENT

Fakkir Mohamed Ibrahim Kalifulla, J.

1. This appeal is directed against the Division Bench judgment of the Madras High Court dated 19.06.2003, in A.S.No.367 of 1985.

2. Originally the suit for partition was filed by one late Mrs.Nagarathnam, along with her two sons late Manickavasagam and Saravanamurthi as well as her daughter Sethulakshmi as plaintiffs 3, 2 and 4. The present first appellant is the wife of the late Manickavasagam, the third plaintiff, along with her sons, the second appellant and the third appellant. The fourth appellant is the second plaintiff and the fifth appellant is the fourth plaintiff. The first defendant who is the first respondent herein is also the son of the first plaintiff. The second respondent was the second defendant in the suit, who purchased the property from one Barnabass Nadar, to whom the first defendant earlier sold the suit property on 11.11.1978.

3. The suit was for partition. The plaintiffs claim 4/5th shares in respect of three items of the suit properties, which was decreed by the Trial Court, as against which, the first respondent/first defendant, filed the first appeal before the High Court. The High Court by the impugned judgment