Mohan, J.

1. Defendants 1 to 5 are the appellants in this appeal. The same arises out of the judgment and preliminary decree for partition rendered in O.S. No. 341 of 1968 on the file of the Sub-court, Madurai.

2. The facts are as under: During the minority of the plaintiffs, the suit was filed by P.W.1 for partition and separate possession of the plaintiffs' l/6th share in the suit properties. The suit filed was approved by the plaintiffs on their attaining majority. According to the plaint, the plaintiffs and the seventh defendant are the sons of Sivasankara through his second wife while defendants 1,5 and 6 are the sons through his first wife. The eighth defendant is the second wife or Sivasankaran. Sivasankaran died on 27th January, 1956. The suit properties are ancestral properties of the said Sivasankaran who inherited the same. The suit properties remained as joint family properties of the plaintiffs and defendants 1,5 and 6 who continued as members of the joint family and as undivided even after the death of Sivasankaran. The plaintiffs and defendants 7 and 8 are separately residing at Nilayur. The suit properties were in the enjoyment of the plaintiffs and defendants