These Second Appeals arise out of the common Judgment against the concurrent findings of the Courts below dismissing the Appellants suit O.S.No.124/2004 and decreeing the suit O.S.No.528/2001 filed by the Respondents/D10 and D11 and granting declaration of title in favour of Defendants 10 and 11 and passing preliminary decree for partition in their favour. For convenience, parties are referred as per their array in the suits.

2. Subject matter was involved in a chain of litigations. To appreciate the contentious points, it is necessary to refer to the factual background. Uncontroverted facts are as follows:-

Suit properties relate to the lands comprised in S.F.No.134/4, Kumilamparappu village, Bhavani Taluk corresponding to old S.Nos.116/B, 117/B, 121/F, 122/A, B, C, D and E and 123/A, B, C an extent of 9.65 acres ( 98. 5 hecares). Properties are the ancestral properties of one Varanavasi Gounder.

3. Parties are related as under:-

Ramana Gounder

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Muthu Gounder Varanavasi Gounder

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| | | | Sengottaiyan Ramasamy Arunachalam Chenniappan

(Appellant) (J.D)

There was a parition on 010. 1973 (as mentioned in Ex.A4) between Varanavasi Gounder and his sons and in the sai