K.M. Natarajan, J.

1. This appeal has been preferred by the ninth defendant in O.S. No. 223 of 1977 on the file of the Principal Subordinate Judge, Madurai, challenging the decree and judgment passed in the above suit for permanent injunction or in the alternative for recovery of possession.

2. The case of respondents 1 to 3 plaintiffs 2 to 4 as disclosed from the plaint can be briefly stated as follows:

The subject matter of this appeal is only in respect of item 42 of the plaint A Schedule properties, to an extent of 4.74 acres. According to the plaintiffs, the deceased first plaintiff and one Chinnama Naidu, who is the father of defendants 1 to 3, are brothers. The said Chinnama Naidu, who was the elder brother died on 1.1.1963 and they constituted a joint Hindu family. The properties described in A Schedule, including item 42, were comprised of the properties acquired by the deceased first plaintiff and the deceased Chinnama Naidu. The deceased first plaintiff is entitled to half share while defendants 1 to 3 who are the legal heirs of Chinnama Naidu are entitled to the remaining half share. One Alagan (since dead), the ninth defendant (appellant herein) and the 12th defen