1. The Decree and Judgment, dated 13.11.2003, and made in A.S.No.26 of 2003, on the file of the learned Additional District Judge (F.T.C.-II), Pattukottai, confirming the Judgment and Decree, dated 10.04.2003, and made in O.S.No.54 of 1998, on the file of the learned District Munsif, Pattukottai, have been challenged in this memorandum of second appeal.

2. For easy reference, the legal character of the parties to the suit need not be changed and they may be referred to as they are in the suit, wherever the context so require.

3. The competency and the locus standi as well of the plaintiffs to institute the suit in their individual capacity instead of representative capacity, as contemplated under Order I Rule 8 of the Code of Civil Procedure, has been mainly questioned in this second appeal. It is to be underlined that despite this question had been raised before both the Courts below, none of the Courts below had discussed this issue and it is therefore to be highlighted in this Judgment.

4. This second appeal has been admitted on the following substantial questions of law:

i. Whether the suit is maintainable in respect of the suit property when it's survey number does