This appeal arises out of a claim petition filed by the appellants herein under O. 21, R. 58 of the Code of Civil Procedure for raising the attachment over the property set out in the petition, which was item No. 1 of the properties attached by the respondent in execution of the decree obtained by him in O.S. No. 663 of 1982 on the file of District Munsif, Panruti.

2. The appellants are the sons of Ramalinga Padayachi. The said Ramalinga Padayachi his brother Muthu Padayachi and their father Thangavel Padayachi constituted a Hindu joint family owning several properties. Thangavel Padayachi and his two sons borrowed a sum of Rs. 6000/- from the respondent for family purposes on 5-11-1973 and executed a promissory note in his favour. The respondent issued a notice on 24-7-1978 to Thangavel Padayachi and his two sons calling upon them to pay the money due under the promissory note. A reply notice was issued on 2-8-1978. On 17-11-1978 the plaintiffs represented by their mother as guardian filed O.S. No. 762 of 1978 for partition and separate possession of 2/9th share in the suit properties. Thangavel Padayachi was the first defendant in the suit, Muthu Padayachi was the second defendant and Ramalinga Padayachi, the father of the plaintiffs, was the third defendant. The wife and daughters of Thangavel Padayachi were impleaded as defendants 5 to 8 in the suit on 4-9-1979. No material is available as to the fourth defendant Chinnammal, who is described as the daughter of Vadivel Padayachi.

3. On 17-8-1979 the respondent filed O.S. No. 504 of 1979 on the file of Sub Court, Cuddalore for recovery of the money due under the promissory note dated 5-11-1973 executed by Thangavel Padayachi and his two sons. On 11-2-1980 an ex parte decree was passed in the said suit directing the defendants to pay a sum of Rs. 8857/- with interest. On 8-9-1981, a preliminary decree was passed in the suit for partition filed by the appellants herein declaring their right to partition and separate possession of 2/9th share in the suit properties. The first item in the suit properties is the subject matter of dispute in this appeal. On 11-9-1981, the ex parte decree in O.S. No. 504 of 1979 was set aside and the suit was restored to file. On the same day it was transferred to the file of the District Munsif, Cuddalore, by virtue of the provisions of the Tamil Nadu Act 34 of 1980 enhancing the pecuniary jurisdiction of District Munsif. On transfer, it was numbered as O.S. No. 2311 of 1981. On 12-10-1982 the suit was transferred to the file of District Munsif, Panruti and numbered as O.S. No. 663 of 1982. On 30-12-1982 a final decree was passed in the partition suit O.S. No. 762 of 1978 allotting the first item in the suit properties to the appellants herein towards their share in the family properties. It is to be noted that excepting the father of the appellants herein, the other defendants in the suit remained ex parte and the final decree was confined to the share of the appellants in the lands. As regards the appellants share in the house property and the appellants share in the estate of their grand-father Thangavel Padayachi, who died during the pendency of the suit, the appellants were directed to file a separate application for effecting a division. Thus, the final decree effected a partial division with regard to the share of the appellants in the interests of their father Ramalinga Padayachi in the agricultural lands owned by the joint family. On 7-9-1983 the appellants took delivery of possession of the property allotted to them under the final decree by executing the same.

4. On 28-1-1984, a decree was passed in favour of the respondent in O.S. No. 663 of 1982 by the District Munsif, Panruti. It should be mentioned that the respondent had in the suit brought on record the daughters and wife of Thangavel Padayachi as his legal representatives after his death. The date of death of Thangavel Padayachi is not available.

On 28-12-1985 the respond