JUDGMENT: The plaintiffs are the appellants. The first three plaintiffs are the sons and the 4th plaintiff is the widow of one Rajamani Chettiar. The defendant is the brother of Rajamani Chettiar. The suit properties are survey Nos. 23|10 measuring 1 acre and 12 cents and 2312 measuring 24 cents out of 49 cents. The suit was filed for a declaration and possession of these two items. The plaintiffs’ case was that the suit properties originally belonged to the joint family consisting of Rajamani Chettiar and his brother the defendant and that in a partition dated 15th September, 1959 they were allotted to the share of the plaintiffs. Since the defendant though a party to the partition deed claimed title to the suit properties on the ground that he has obained a patta under section. 19-A of the Estates (Abolition and Conversion into Ryotwari) Act, (XXVI of 1948) (hereinafter referred to as the Abolition Act) the plaintiffs had filed the suit. Though, as already stated, the suit related to two items the defendant did not contest the claim of the) plaintiffs in respect of survey No. 23|2; but in respect of survey 23J10 measuring 1 acre and 12 cents the case of the defendant was that he

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