JUDGMENT

MOHAN M. SHANTANAGOUDAR, J.

The legal representatives of the original defendant in O.S No.45/85 on the file of the Subordinate Judge, Cuddalore are the appellants before this Court. For the sake of convenience, the parties are referred by their status before the Trial Court.

2. The suit was filed by the respondents herein, seeking a declaration that ‘A schedule’ property (as described in the plaint) belongs to them or in the alternative for partition of half share in ‘B schedule’ property (as described in the plaint) of which ‘A schedule’ is a part. According to the plaintiffs (respondents herein), the properties originally belonged to two brothers namely, Pazanivelu Mudaliar and Chokalingam; Pazanivelu Mudaliar had two sons, namely, Narayanaswamy Mudaliar and Manickam. Narayanaswamy had a son named Gnanasambandam Mudaliar. The plaintiffs are the grandsons of Narayanaswamy being the sons of Gnanasambandam. On 21.7.1912, partition took place between the branches of Pazanivelu and Chokalingam, and the same was signed by Narayanaswamy (since Pazanivelu had expired by then) and Chokalingam. In the said partition, ‘A schedule’ property was allotted to Narayanaswamy and Manickam