Judgment.-The defendants 1 and 2 in O.S. No. 4 of 1967 on the file of the Court of the Subordinate Judge, Tirupattur, North Arcot District, are the appellants herein.

2. A simple point has been made elaborately complicated involving considerable waste of judicial time by the failure of the Court as well as of the parties to pay attention to the actual legal provision applicable to the case.

3. The suit was instituted by respondents 1 to 5 herein for partition and separate possession of their 5/7th share in the suit properties. The plaint also refers to the fact that the suit properties have been alienated under Exhibit A-2, dated 22nd August, 1957 in favour of the first defendant by the third defendant acting for herself and as guardian of the respondents 1 to 5 as well as respondents 7 and 8 herein. The suit has also been valued under section 37 (4) of the Tamil Nadu Court-fees and Suits Valuation Act, 1955, for cancellation of the said sale-deed itself, though the prayer in the suit is simply for partition and recovery of possession of the 5/7th share along with mesne profits from the appellants herein. The sixth respondent is the second wife of one Chinna Gopal Naidu, and respondn

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