(Second appeal under Section 100 CPC against the decree and judgment 28.07.1995 made in A.S. No. 61 of 1994 on the file of Additional Special Judge, Krishnagiri confirming the decree and judgment dated 10.02.1993 made in O.S. No. 468 of 1979 on the file of District Munsif, Hosur.)

The first defendant in O.S. No. 468 of 1979 before the District Munsif Court, Hosur is the appellant in this second appeal. The said suit was filed by the deceased Ramaiah for partition of the suit properties. During the pendency of the suit, the said Ramaiah died and the plaintiffs 2 to 4/respondents 1 to 3 herein were impleaded as his legal heirs.

2. The trial court decreed the suit thereby allotted 8/28 shares in favour of the first plaintiff and directed the first defendant to put the plaintiffs in possession of the suit properties. On appeal, the first appellate Court confirmed the decree and judgment of the trial court and dismissed the first appeal, hence the present second appeal has been filed.

3. For the sake of convenience, the parties shall hereinafter be referred to as plaintiffs and defendants as they were arrayed before the trial court.

4. The suit properties were originally acquire