1. The plaintiffs in O.S.No.178 of 1990 on the file of the Additional Subordinate Court, Cuddalore, are the appellants.

2. The appellants/ plaintiffs filed the suit for partition of 6/35th share in the suit properties and for mesne profits. The suit was dismissed and as against the same, the appeal is filed.

3. The case of the plaintiffs as seen from the plaint is as follows:-

The 1st defendant Palaniandi Mudaliar had two wives and the 1st wife was Sivagami and the 2nd wife is Selvambal, the 2nd defendant. Through his 1st wife Sivagami he had a son by name Kaliaperumal, the 6th defendant and the plaintiffs are the children of Kaliyaperumal. The suit properties were purchased by the 1st defendant along with the 6th defendant and they were doing textile business, money lending and also conducted chit transactions and all the properties were purchased in the name of the 1st defendant as he happens to be the Kartha of the joint family. All the properties were treated as joint family properties and till February 1990 the relationship between the plaintiffs and the defendants were cordial and the 1st defendant was aged 85 years and he was not having good mental condition and h