K. GOVINDARAJAN, J.

1. This appeal is preferred by the plaintiffs who failed in their attempt to get a decree before the trial court and before the learned Single Judge.

2. The plaintiffs in O.S. No. 7/1979, on the file of the learned Sub-Judge, Namakkal, who are the children of one Srinivasan, the 1st defendant, born through his 1st and 2nd wives, filed the said suit for partition of the ‘C’ Schedule properties, saying that the alienations made by the father with reference to ‘B’ Schedule properties in favour of defendants 2 to 23 and 28, do not bind the plaintiffs. It is relevant to mention that even on an earlier occasion, a suit in O.S. No. 58/1956 was filed on behalf of the minors through their respective mothers for partition, which was dismissed for default.

3. Defendants 2 to 23 and 28 contested the suit contending inter alia that the sale deeds executed in their favour are valid in law as the same had been executed by Kartha along with minors.

4. The trial court decreed the suit for partition declaring half share in the northern portion in item No.

6 in ‘C’ Schedule properties, 2/3rd share in item Nos. 11 to 15 of the ‘C’ Schedule properties and 4/5th share in it