S. Padmanabhan, J.

1. These Letters Patent Appeals have been filed against the common judgment of a learned single Judge of this Court dismissing the appeals, A. S. Nos. 574 of 1972 and 522 of 1974 filed by the 4th defendant in O.S. No. 191 of 1967 and O.S. No. 3 of 1968 on the file of the Court of the Subordinate Judge of Erode. One Chinnaswami Gounder had two minor sons Asokan and Prithiviraj and a minor daughter Jothi by his wife Thangammal. Admittedly, the suit properties were joint family properties in the hands of Chinnaswami Gounder. While so, Chinnaswami Gounder, sold the plaint A schedule property to the appellant Sampoornammal for a sum of Rs. 15, 000 under a sale deed, dated 29th November, 1965. Asokan and Prithiviraj represented by next friend filed O.S. No. 191 of 1967 on the file of the Court of the Subordinate Judge, Erode for a declaration that the sale deed, dated 29th November, 1965 executed by the father Chinnaswami Gounder in favour of Sampoornammal was not binding on their 2/3rd share and for partition and separate possession of 2/3rd share in the suit properties, The mother of the plaintiffs is the second defendant in the suit. The plaintiffs' sister is