(This second appeal has been filed under Section 100 of Code of Civil Procedure against the judgment and decree dated 7.1.1992 in A.S.No.55 of 1990 on the file of the Sub Court, Tindivanam, reversing the judgment and decree dated 9.8.1990 in O.S.No.646 of 1985 on the file of the Additional District Munsif Court, Tindivanam.)

First defendant in O.S.No.646 of 1985 on the file of the Additional District Munsif Court, Tindivanam, aggrieved by the judgment and decree of the learned Subordinate Judge, Tindivanam in A.S.No.55 of 1990 dated 7.1.1992, filed the present second appeal. During pendency of the second appeal, the first defendant died and hence his legal representatives were impleaded as appellants 2 to 4 vide orders of this Court dated 25.8.2005 in C.M.P.Nos.16946 to 16948 of 2004. Plaintiffs 1 and 2 and defendants 2 and 3 in the original suit are respondents herein.

2. The facts that are necessary for the disposal of the second appeal, as could be seen from the plaint and written statement, are as follows.

(a) The suit properties originally belonged to the joint family consisted of one Hariputhiri Gounder, the grandfather of the plaintiffs, and his sons Munusamy Gounde