Padmanabhan, J.

1. This original side appeal has been filed by defendants 1 and 2 in C.S. No. 61 of 1975 which is a suit for partition on the file of this Court against the final decree passed by Shanmukham, J. on 30th November, 1979.

2. The suit for partition happened to be filed by the respondents-plaintiffs in the following circumstances. The suit property is an extent of 9 grounds and 33 sq. ft in Mount Road with a building thereon known as Motimahal. The property originally belonged to the Kumararaja of Venkatagiri. On 23rd June, 1972, plaintiffs I to 3, defendants 1 and 2 and one Auto and Hardware Store purchased the property from the Kumararaja of Venkatagiri under the sale deed dated 23rd June, 1972. The total sale consideration was Rs. 3,50,000, Towards the sale consideration, the first plaintiff paid Rs. 70,037, the second plaintiff paid Rs. 45,515, the third plaintiff paid Rs. 46,816, the first defendant paid Rs. 55,918, the second defendant paid Rs. 57,776 and the Auto and Hardware Stores paid Rs. 73,938. On 6th January, 1973 the Auto and Hardware Stores sold their right, title and interest in the suit property to the fourth plaintiff. Immediately, after their pur