JUDGMENT:- The plaintiff's are the appellants.

2. The suit was for declaration that the plaintiffs are the legitimate children of the second defendant and Punnayammal and for permanent injunction restraining the defendants from interfering with the possession and enjoyment of the plaintiff's of the properties mentioned in the schedule to the plaint, which were allotted to their share in pursuance of the final decree proceedings in O.S. No.42 of 1945. on the file of Sub Court, Tuticorin, or, in the alternative, for recovery of possession of the properties from the defendants.

3. The facts were: The plaintiffs are the children of one Punnayammal. Punnayammal is the wife of the second defendant. The third defendant, though she alleges that she is the lawfully wedded wife of the second defendant, is not the legitimate wife of the second defendant and hence the first defendant is not the legitimate son of second defendant There was litigation in O.S. No.42 of 1945, on the file of the trial Court, for partition. Since the plaintiff's thought that the second defendant herein was acting against their interests by associating himself with the third defendant and purchasing properties