1. This Second Appeal is directed against the judgment of the Additional District Judge, Ramanathapuram at Madurai in A.S.No. 41 of 1982 confirming the judgment of the learned Subordinate Judge, Ramanathapuram at Madurai in O.S.No. 136 of 1979. Defendants 7 to 10 in the suit are the appellants in the present Second Appeal.

2. The suit was filed for partition by metes and bounds of the entire A Schedule property and to put the plaintiff in possession of his 1/3rd share and B schedule in equity.

According to the plaintiff, B schedule property is part of the whole which is described as A schedule and the entire A schedule property is joint family property belonging to one Chandran Chettiar and his two sons Sundararajan and Sakkatti alias Rajagopalan namely, the third defendant in the suit. There was a suit for partition filed by Chandran Chettiar against his two sons in O.S.No. 34 of 1969 on the file of the Sub Court, Ramanathapuram at Madurai and the present item was item 5 in the said suit. It was held in that suit that the said item was a common joint family property and that Chandran, Sundararajan and the third defendant were each entitled to one-third share and a decr