JUDGMENT

Abhay Manohar Sapre, J.

Leave granted.

2. This appeal is filed by the legal representative of the original defendant against the final judgment and order dated 26.07.2012 passed by the High Court of Judicature at Madras in S.A. No. 873 of 2003 whereby the High Court allowed the appeal filed by the respondents (plaintiffs) herein in part and set aside the judgment and decree passed by the Trial Court in respect of ‘A’ Schedule properties and modified the judgment and decree to the effect that each respondent(plaintiff) was held entitled to 1/3rd share in respect of ‘A’ Schedule property except Item No.2 of ‘A’ Schedule and for consequential relief regarding mesne profits in respect of 2/3rd share of the respondents(plaintiffs) in ‘A’ Schedule property and accordingly confirmed the judgment and decree passed by the Trial Court in respect of ‘B’ Schedule property.

3. We herein set out the facts, in detail, to appreciate the issues involved in this appeal.

4. The dispute in this appeal is between the heirs of one Perumal Naidu, who was the original ancestor in the family. The l