This second appeal is preferred against the judgment and decree, dated 25.4.1989, in A.S.No.94 of 1987 passed by the Subordinate Judge, Tindivanam. The plaintiffs are the appellants in this second appeal.

2. Briefly, the case of the plaintiffs is thus. The suit properties belong to the joint family consisting of three brothers, namely, Abimanna Gounder, Subburaya Gounder and Chinnaraju Gounder and all of them died. The plaintiffs are the sons of Abimanna Gounder. Defendant is the only son of Chinnaraju Gounder. Subbaraya Gounder had no male issues. The first item of the suit property is ancestral and the second item has been purchased by the plaintiff's father Abimanna Gounder as manager of the joint family. Both the items are enjoyed commonly as a single item, consisting of a country tiled house and thottam. The plaintiffs have 1/3rd undivided share in the suit items. Besides, the 1/3rd share belong to Subbaraya Gounder has been gifted to plaintiffs by his legal representatives under Settlement Deeds, dated 1.3.1980 and 6.4.1981. The settlement has been duly accepted and thus the plaintiffs are entitled to 2/3rd share in the suit items and the remaining 1/3rd belong to