This appeal has been preferred against the decree and judgment in A.S.No.39 of 1994 on the file of the Court of Principal Subordinate Judge, Cuddalore dated 12. 1997. The defendant 1 & 3, who have lost the defence before the Courts below, are the appellants herein.

2. The averments in the plaint relevant for the purpose of deciding this appeal in brief are as follows:

2(a) One Govdinda Koundar, Sanjivaraya Koundar and Thandavaraya Koundar were brothers. They owned dry lands measuring 1 acre 28 cents and during their lifetime they divided the said property equally and thus Snajivaraya Koundar got the middle 1/3rd towards his share. Out of the above said three persons Govinda Koundar died leaving behind one Subbaraya Koundar and Kasi Koundar as his sons. Sanjivaraya Koundar had two wives viz. Sornammal and Muniammal. The plaintiffs 1 to 3 are the sons born to Sornammal who is 7th plaintiff. The plaintiffs 4 to 6 and one Kirshnammal are the children born to Muniammal, who died about 3 years back.

2(b) The said middle 1/3rd share out of 1.28 cents, i.e., the middle 42 2/3 cents, was being enjoyed by the said Sanjivaraya Koundar and his sons as their joint family property. Ou