This second appeal arises out of the concurrent findings of the Courts below dismissing the plaintiffs suit and declining to grant Permanent Injunction. Unsuccessful plaintiffs are the appellants.

.2. The suit property relates to a common pathway in S.No.30/1 measuring North South 3 yd; East West 25 yd; out of North South 25 yd and East west 15 yd which belongs to the family of the plaintiff and the Defendant. The parties are related as under:-

.Maruva Udayar

.3. Briefly stated case of the plaintiff is as follows :- Due to financial crisis, Maruvu Udayar executed two Sale Deeds in 1934 and transferred all his properties in the name of his first wife Ariyathammal, mother of the Defendant. It is the further case of the plaintiff that after the death of Maruva Udayar, all four sons of Maruva Udayar entered into an oral partition before the Panchayatars, in the presence of Ariyathammal. As per the said oral partition, all four sons are in possession and enjoyment of their respective shares. As per the said oral partition, house and vacant land in S.No.30/1 – 25 yd x 15 yd were allotted to the three sons, except the Defendant. It is the further case of the plaintiffs that th