1. Plaintiffs 2 and 3 in O.S.No. 135 of 1976 on the file of the District Munsif, Kovilpatti are the appellants in Second Appeal No. 104 of 1987. The plaintiff in O.S.No. 350 of 1976 on the file of the District Munsif, Kovilpatti is the appellant in S.A.No. 3 of 1989.

.2. The suit in O.S.No. 135 of 1976 was filed by one Ramu Ammal against the respondents herein for declaration and injunction in respect of five items of properties. Pending suit she died and the present appellants who are respectively her daughter and grand daughter came on record as plaintiffs 2 and 3 and pursued the suit. The case as set out in the plaint was as follows:

.The suit properties originally belonged to the first respondent herein, the first defendant in the suit and his brother late Krishnaswamy Naicker. The two were divided brothers, the deceased first plaintiff was their mother. Krishnaswamy Naicker died leaving his mother as his only legal heir. The suit properties were allotted to the share of Krishnaswamy Naicker. He was in possession and enjoyment as his exclusive properties. Patta also stood in his name. After his death the first plaintiff as his sale heir was in enjoyment of those