K.M. Natarajan, J.

This appeal has been preferred by the ninth defendant in O.S.No.223 of 1977 on the file of the Principal Subordinate Judge, Madu-rai challenging the decree and judgment passed in the above suit for permanent injunction or in the alternative for recovery of possession.

2. The case of respondents 1 to 3 plaintiffs 2 to 4 as disclosed from the plaint can be briefly stated as follows:

The subject matter of this appeal is only in respect of item 42 of the plaint A Schedule properties, to an extent of 4.74 acres. According to the plaintiffs, the deceased first plaintiff and one Chinnama Naidu who is the father of defendants 1 to 3, are brothers. The said Chinnama Naidu, who was the elder brother died on 1. 1963 and they constituted a joint Hindu family. The properties described in A Schedule, including item 42, were comprised of the properties acquired by the deceased first plaintiff and the deceased Chinnama Naidu. The deceased first plaintiff is entitled to half share while defendants 1 to 3 who are the legal heirs of Chinnama Naidu are entitled to the remaining half Share. One Alagan (since dead), the ninth defendant (appellant herein) and the 12th defend