JUDGMENT: The unsuccessful defendants in both the Courts below are the appellants.

2. The case in brief is as follows: The plaintiffs filed a suit for declaration and consequential permanent injunction in respect of the suit property. The suit property belong to the plaintiffs, which was allotted to the 2nd plaintiff’s grandfather Nallusamy in the family partition, Nallusamy Naicker had 3 brothers namely, Ramaswamy Naicker, Venkata Naicker and Chinnu Naicker. All the 4 brothers have divided among themselves the joint family properties into 4 shares nearly 40 years ago and each were in separate possession and enjoyment of the respective shares. The plaintiffs are the heirs of Nallusamy Naicker. The 2nd plaintiff is the son of the 1st plaintiff. The 2nd defendant is the son of the 1st defendant and they are the heirs of Ramasamy Naicker. Venkata Naicker had alienated his share long ago. Chinnu Naicker has got a son by name Vellappa Naicker who is alive. The total extent of S.F.No.383/1 in Vaiyampatti village is 28.56 acres. In this, one Subba Naicker is having ancestral right with regard to an extent of 5.42 acres on the eastern portion. The remaining extent of 23.14 acres belonged to

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