This appeal is filed by the legal representatives of the 2nd defendant in a suit for partition. The plaintiffs claimed partition alleging that the tenancy right in respect of the plaint schedule property was obtained by the 1st defendant and his mother Chinnathai from padinjari Pockiarath Tharavad which was a tenant under Chirakkal Kovilakam. Chinnathai’s children are defendants 1 and 2, Lakshmanan and Savithri. The plaintiffs and defendants 6 to 8 are the legal heirs of Lakshmanan. Defendants 3 to 5 are the legal heirs of Savithri. After the death of Chinnathai, her rights also devolved on other children. The plaintiffs thus claimed 1/8 share to the plaintiffs and defendants 6 to 8 in a group.

2. First defendant filed a written statement contending that during the lifetime or Chinnathai, there was an oral partition of the property and northern section was taken by Chinnathai and the southern section was taken by the 1st defendant. The 1st defendant had constructed a building in the property allotted to him. He also contended that the 2nd defendant is in possession of the northern half of the property for and on behalf of other co-owners. He claimed that the sourthern ha