Defendants 2 to 5 in O.S.No.711 of 1979, on the file of District Munsif’s Court, Erode, are the appellants. 5th appellant is the legal representative of 1st appellant who died pending suit.

2. Respondents were also impleaded only in their capacity as legal representatives of the deceased plaintiff, who died after the dismissal of the appeal by the lower appellate court and before the institution of this second appeal.

3. Malaya Gounder, who is now no more, filed the suit for declaration and permanent injunction on the following allegations:

The plaint schedule property originally belonged to the plaintiff and his younger brother Marappa Gounder, and they constituted a Joint Hindu Family. Marappa Gounder died in or about 1922 leaving behind his wife Nachayee and only daughter Ammani Ammal. He had no sons, and, being a joint family property, by survivorship plaintiff became absolute owner of those properties. Nachayee also died sometime in the year 1925. When Marappa Gounder was alive, he stood guarantee for his uncle Chennimalai Gounder in a loan transaction advanced by one Somasundaram Chettiar for Rs.200. Somasundaram Chettiar, a Nattukottai Chettiar, was a money-lende