The petitioners are the defendants 4 & 6 to 11 in the suit for partition filed by the 1st respondent herein namely O.S.No.203/98 before the Additional Subordinate Judge, Thiruvannamalai. The suit was dismissed. Against that, an appeal was filed before this Court in A.S.No.256/81. That was also dismissed. Against that, L.P.A.No.129/2002 and S.A.No.796/83 were filed and they were disposed of by the Division Bench of this Court granting a decree for partition of 8/21 share for items 12 and 13 and 1/7th share in items 1 to 11.

2. The properties in respect of which the dispute arose belongs to one Appadurai who had two wives. The plaintiff and defendants 4, 5 and 6 were children through the first wife. The second wife was the first defendant and defendants 2 and 3 were her son and daughter respectively. The defendants 7 to 11 were the tenants. The defendants 1 and 2 claimed that they were beneficiaries under the Will executed by the late Appadurai. The Division Bench rejected the Will. The plaintiff who is the first respondent herein claimed that the properties were joint family property and therefore he was entitled to a larger share. This was also rejected by the Division B