COMMON JUDGMENT:

M.CHOCKALINGAM, J.

Defendants 1 to 3 in O.S.No.40 of 1981 and plaintiffs in O.S.No.1286 of 1980 are the appellants herein.

2. Both the appeals have been filed against the common judgment and decree passed by the learned II Additional Subordinate Judge, Erode in the said suits.

3. The plaintiffs in O.S.40/81 have alleged in their plaint as follows:

Item 1 of the plaint schedule properties originally belonged to A.S.Abbai Naidu, from whom Thirumalai Ammal, wife of Nainar Chettiar purchased the same on 5.3.64 under a registered sale deed for a consideration of Rs.2,500/-. She was in exclusive possession and enjoyment of the said property until she died on or about 8.1.68. On her death, the plaintiffs and the defendants 1 to 6 who are her children, are each entitled to 1/8th undivided share. The plaintiffs together are entitled to 1/4th share. Item 2 of the plaint schedule properties originally belonged to Venkataperumal Naidu, senior paternal uncle of the plaintiffs and the defendants 1 to 6. He executed a registered Will bequeathing item 2 to Thirumalai Ammal to be enjoyed by her without any power of alienation or encumbrance till her life time and the remain