Respondents 1 and 2 herein filed O.S. No. 309 of 1959 on the file of the Court of the District Munsif of Nagapattinam for partition and separate possession of their 3/4 share in the suit property which itself is one half of a dwelling house. The third respondent to the present appeal was the first defendant inthe suit and one Amirthalingam Pillai was the second defendant After the death of the said Amirthalingam Pillai, during the pendency of the suit, his widow and children were brought on record as defendants 3 to 6. In that suit a preliminary decree for partition was passed on 14th December, 1960. On 9th March 1961, one Booman alias Parakalam Pillai purchased the share of defendants 3 to 6 in the suit property. On 13th June, 1962, on an application made by him the said Booman Alias Parakalam Pillai was added as the seventh defendant to the suit The said order was challenged on appeal and the appeal was dismissed on 11th March, 1963. A civil revision petition filed to this Court failed on 26th July 1963. On 31st October, 1963, respondents 1 and 2 herein, namely, the plaintiffs in the suit filed an application under section 4 (1) of the Partition Act, 1893 This applica