1. This appeal is directed against the judgment and decree passed by the first appellate Court in A.S.No.10 of 2004 dated 24.6.2004 in reversing the judgment and decree of the trial Court made in O.S.No.136 of 1999 dated 10.11.2003, dismissing the suit.

2. The appellants 1 to 5 were the defendants, the 6th appellant was impleaded as the legal representative of the deceased first appellant and the appellants 7 and 8 were brought on record as legal representatives of the 3rd appellant and the appellants 9 to 12 were brought on record as the legal representatives of the deceased 5th appellant in this appeal.

3. The case of the plaintiff as stated in the plaint before the trial Court would be thus:

The 2nd plaintiff is the son of the 1st plaintiff and the 3rd plaintiff is the brother of the 1st plaintiff. The 2nd defendant is the son of the 1st defendant. The 4th defendant is the son of the 3rd defendant. The defendant Nos. 1, 3 and 5 are the brothers and sons of one Velappa Gounder. Originally one Mola Gounder was the owner of R.S.Nos. 158,1 59 and 163 corresponding to Old S.Nos. 146, 151 and also other survey numbers and the same were in one unit. The said Mola Gounder had 4