1. This appeal is directed against the judgment and decree passed by the first appellate court in A.S.No.95 of 1982 dated 31.08.1998 in reversing the judgment and decree passed by the trial court made in O.S.No.392 of 1973 dated 21.06.1982 in decreeing the suit.

2. The appellants were the plaintiffs and the respondents were the legal representatives of the deceased defendant, who were impleaded during the pendency of first appeal in A.S.No.95 of 1982. For convenience, the rank of parties are referred as to their rank before the trial Court in this judgment.

3. The case of the plaintiff as stated in the plaint would be as follows:-

The first plaintiff's husband and father of the plaintiffs 2 to 6, by name Krishnamurthy Iyer, was the owner of the suit properties. He died one month back. The plaintiffs are the only heirs entitled to succeed the said properties. The suit property bears T.S.No.1388. The suit property measures 2/3rd of 9300 sq.ft. The defendant executed a paguthy chit in favour of the said Krishnamurthy Iyer on 19.08.1961, agreeing to pay Rs.2.50p per month. Subsequently, it was increased to Rs.3/-per month. The defendant was permitted to put up a thatched shed