Sivasubramaniam, J.

1. The unsuccessful plaintiffs in O.S. No. 58 of 1980 on the file of the Subordinate Judge, Devakkottai are the appellants in A.S. No. 700 of 1981 and the fourth defendant in the said suit is the appellant in A.S. No. 707 of 1981.

2. The appellants in A.S. No. 700 of 1981 as plaintiff filed the said suit for a declaration that they are entitled to 3/8ths share in the plaint A and B schedule shares and for a permanent injunction restraining the defendants 1 and 2, who are respondents 1 and 2 in both these appeals, from selling or alienating the snares without their consent and the 4th defendant and also for partition and allotment and separate possession of their 3/8ths share in the plaint mentioned properties.

3. The material averments in the plaint are as follows: - The plaintiffs are the sons of the fourth defendant and the grandsons of the first defendant and the great grandsons of late Rao Bahadur O.A.P.R.M. ArunachaIam Chettiar. The plaintiffs and defendants 1 and 4 belong to a very rich well known leading Nattu-kottai Chettiar family at Pallathur. The great-grandfather of the plaintiffs late Rao Bahadur O.A.PR.M. Arunachalam Chettiar died on 11-3-1974