1. This appeal is focussed by the defendant as against the judgment and decree dated 210. 1998 passed by the learned Subordinate Judge, Cuddalore in decreeing the suit in O.S.No.493 of 1992, which was filed by the plaintiffs as against the defendants seeking partition and separate possession of the plaintiffs ¾th share in the suit properties and for mesne profits. For convenience sake, the parties are referred to here under according to their litigative status before the trial Court.

2. Quintessentially and briefly, pithily and precisely, the case of the plaintiffs as stood exposited from the averments in the plaint could be portrayed thus:

a) The plaintiffs and the defendant are the children of one Dharmalinga Mudaliar and his second wife Thangammal. Dharma Linga Mudaliars first wife was Soundaram Ammal, who was none but the elder sister of the said Thangammal . Soundaram Ammal had no issues.

b) The property described in the schedule of the plaint, which comprised of the plot and the rice mill building over it including machineries, originally belonged to Soundaram Ammal, who bequeathed the same in favour of the plaintiffs and the defendant by virtue of a Will dated 04.