JUDGMENT

Abhay Manohar Sapre, J.

1. This appeal is filed by the plaintiffs against the final judgment and order dated 09.07.2007 passed by the High Court of Judicature at Madras in Second Appeal No.652 of 1995 whereby the Single Judge of the High Court allowed the second appeal filed by defendant Nos.2 to 5 and set aside the judgment and decree dated 05.08.1994 passed by the Additional Subordinate Judge, Chingalpattu in A.S. No.72 of 1993 and dismissed the suit filed by the appellants herein.

2. In order to appreciate the issues involved in the appeal, which lie in a narrow compass, few facts need mention hereinbelow.

3. Appellant Nos. 1 and 2 are the plaintiffs whereas appellant No. 3 is the legal representative of third plaintiff-Thirunavukkarasu, who died pending litigation. The respondents are defendants in the civil suit.

4. The three plaintiffs claiming to be the members of one family filed a civil suit against the defendants for a declaration and permanent injunction in relation to the land situated at No. 294/1 Vembanur Village, Kadapakkam Firka, (patta No. 491), Old Paimash No. 201/8 renumbered as S. No 399/4, Acs. 1.08 (hereinafter referred to as "suit land").

5. The plaintiffs