The Second Appeal is filed by the first defendant and the legal heirs of the deceased second defendant, against the judgment and decree dated 25.1.2002 in A.S.No.3 of 1999 on the file of the Sub-Court, Cheyyar, modifying the judgment and decree dated 9.7.1993 in O.S.No.110 of 1981 on the file of the District Munsif Court, Cheyyar.

2. The averments in the plaint are as follows:

(a) Dry S.No.33/6, measuring 1 acre 11 cents and S.No.35/1, measuring 2 acre 24 cents, belong to one Thiruvengada Pillai. He had two sons, by name Munusami Pillai and Karia Pillai. Munusami Pillai died long back leaving behind his sons, Thiruvengada Pillai alias Mandiri Pillai. Ramasami Pillai and Vellakannu Pillai. The said Thiruvengada Pillai alias Mandiri Pillai had daughter, by name Kutti Ammal and she died leaving behind the first defendant as her only legal heir. Ramasami Pilai died about 45 years ago, leaving behind the plaintiff Jayarama Pillai. Vellakannu Pillai died in the year 1945, leaving behind his only daughter Valli Ammal and she also died issueless. (b) Karia Pillai had half share in the suit properties. Munusami Pillai had another half share in the suit properties. There is a We