K.Sampath, J.: The plaintiffs in O.S. No.148 of 1983 on the file of the learned Subordinate Judge, Karur, filed the appeal. Pending appeal, the first appellant/ first plaintiff died and his mother has come on record as the third appellant. The plaintiffs filed the suit as indigent persons for declaration that the alienations of A to C Schedule properties made by the first defendant father in the names of defendants 2 to 23 were not binding upon the joint family of the plaintiffs and the first defendant and consequential relief for possession of the said schedule properties to the plaintiffs’ next friend, guardian and mother for past damages against defendants 2 to 23 to the tune of Rs.4 1/2 lakhs and for future damages. There is also an alternative prayer for partition and separate possession of the suit properties into three equal shares and allotment of two such shares to the plaintiffs.

2. The case as set out in the plaint is as follows:

The first defendant is the father of the plaintiffs. He married the plaintiffs’ mother Devaki on or about 12.9.1965. Two sons and a daughter were born to them, the sons being the minor plaintiffs. They are the undivided sons of the first plaintiff

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