The burden of proof lies on the party claiming title to establish their entitlement to the property based on the evidence presented.

1. This Second Appeal is filed against the judgment and decree dated 29/4/2008 passed in A.S.No.394 of 2004 on the file of the Additional Subordinate Court, Dindigul as reversing the judgment and decree dated 16/3/2000 passed in O.S.No.390 of 1997 on the file of the II Additional District Munsif Court, Dindigul.

2. The plaintiffs are the appellants in the above Second Appeal.

3. The suit is filed for

(i). declaration that the second item of 'B' schedule property belonged to the first plaintiff and for consequential injunction;

(ii). declaration that the second item of 'C' Schedule property belonged to the second plaintiff and for consequential injunction

(iii). declaration that the second item of 'D' Schedule property belonged to the third plaintiff and for consequential injunction.

(iv). declaration that the second item of 'E' schedule property belonged to the plaintiffs and 'F' schedule property belonged to the fourth plaintiff and for consequential injunction.

4. For an easy appreciation of facts, the geneology is shown below:-

5. The case of the plaintiffs is that the suit properties originally belonged to the great grand father of the first plaintiff viz., one Muthalagar Pandithar a total extent of Ac.3.59. He had two sons Shanmugam and Maruthu Pandithar. Even during the life time of Muthalagar, the properties were partitioned and allotted to his two sons equally (1.79 ½ cents).

6. The above said Maruthu Pandithar had three sons, viz., Subba Pandithar, Palani Pandithar and Velu Pandithar and they have also equally partitioned the properties allotted to their father Maruthu Pandithar (60 : 60 : 59). The first son of Maruthu Pandithar viz., Subba Pandithar had three sons viz., Palanisamy, Muthu, Shanmugam. The said Subba Pandithar, during his life time said to have sold his 1/3rd share (0.60 cents) to one Karupavannan, by virtue of a sale deed dated 12/9/1956 under Ex.A.3. Having parted with the entire share that devolved on him, ancestrally Subba Pandithar and his three sons do not have any right on the suit properties.

7. The other sons of Marutha Pandithar viz., Palani Pandithar had two sons Kandhan and Manoharan. Palani Pandithar's wife is Meenakshi Ammal. Under Ex.A.5, the said Meenakshi Ammal had sold the property that fell to the share of Palani Pandithar to Velu Pandithar under Ex.A.5 dated 11/7/1956. Velu Pandithar is the father of the plaintiffs viz., Guruvamani, Mahalingam, Muthalagar and Murugayee. By virtue of Ex.A.5 sale deed Velu Pandithar became the owner of 119 cents (60 + 59). Velu Pandithar has became the owner of 2/3rd share in S.No.526 Seelapandi Village, Dindigul Taluk. The plaintiffs had however, claimed that the other son/branch of Muthalagar viz., Shanmugam, who got 1.79 ½ acres in the partition was sold by his wife Kamatchiammal under Ex.A.6 to one Karupavannan. Therefore, the heirs of Shanmugam viz., the defendants 1 and 2 also do not get any right with regard to the disputed property. The defendants 1 and 2 are the grand sons of Shanmugam and Kamatchi Ammal through their only son Alagar Pandithar.

8. The plaintiffs further averred that their father Velu Pandithar had settled certain properties in favour of Chinnamani on 6/8/1972 under Ex.A.8, who is the plaintiffs mother. The plaintiffs also said to have partitioned among themselves under Ex.A.7 on 21/4/1994 and became entitled to the suit properties. As the defendants tried to interfere with the possession of the suit properties, the suit has been laid by the plaintiffs for declaration of their right and title as per Ex.A.7.

9. The defendants had filed a written statement specifically pleading that out of the total extent of 3.59 acres in S.No.526, 1.79 ½ cents were allotted to Shanmugam which was inherited by Azhagar Pandithar the only son of Shanmugam. The said Alagar Pandithar sold 0.72 cents alone to Subba Pandithar, by virtue of Ex.B.1 dated 30/7/1948. Therefore, the balance of the lands to an extent of Ac.1.7 ½ belonged to the f