The above Second Appeal arises against the judgment and decree in A.S.No.73 of 1994 on the file of Additional Sub Court, Tindivanam confirming the Judgment and Decree in O.S.No.140 of 1988 on the file of District Munsif Court, Tindivanam

2. The first defendant in the suit is the appellant in the above second appeal. The plaintiff is the first respondent and defendants 2 to 4 are the respondents 2 to 4 in the above second appeal.

3. The plaintiff filed the suit in O.S.No.140 of 1988 on the file of District Munsif Court, Tindivanam for declaration and injunction.

4. The brief case of the plaintiff in the suit is as follows:-(i) According to the plaintiff, the suit property measuring an extent of 80 cents in S.NO.278/8 originally belonged to Kuppa Gounder and Arumuga Gounder sons of Ayyadurai Gounder and they were enjoying the property in common and about 40 years ago, they partitioned the property. The said Kuppa Gounder did not have male issue. He had three daughters namely, Lakhmigantham, Saroja and Sarasu. The said Kuppa Gounder was allotted 44 cents in S.No.278/8 out of the total extent of 80 cents. The said Kuppa Gounder,sold an extent 0.30 cents, out of 44 cents, to