S.S. Sundar, J.

The defendants 1 to 7 in the suit in O.S.No.131 of 2007 on the file of the Subordinate Judge, Valliyoor, are the appellants in the above second appeal.

2. The first respondent in the appeal filed a suit for partition of his ¼th share in the suit schedule properties. The suit properties are described in two items. The first item is having an extent of 99 cents of lands in Survey No.852/19 in Ervadi Village, Nanguneri Taluk, Tirunelveli District. The second item is also a land measuring an extent of 1 Acre 74 cents in Survey in 854/2B in Ervadi Village, Nanguneri Taluk, Tirunelveli District.

3. The case of the plaintiffs, as set out in the plaint, are as follows:

3.1. The suit first item, originally, belong to one Sudalaimuthu, who died in 1959 without any issues. The said Sudalaimuthu had his only brother, by name Arumugam (Senior) who predeceased him. The said Arumugam had a son by name, Arumugam (Junior) who died in the year 1954 and predeceased the said Sudalaimuthu. The suit 2nd item belonged to Arumugam (Junior). After the death of Suddalaimuthu and Arumugam (Junior) it was contented by the plaintiff that the suit property devolved upon the sons of the said Arumugam (Junior), namely, Ponnusamy, Selva Sundaram, Rajesh and Muthukumar, the plaintiff in the suit.

3.2. The eldest brother of Ponnusamy died on 04.11.1990 leaving the defendants 1 to 3 and one Anandarajan. The said Anandarajan died in the year 2001 leaving his wife the 4th defendant and his daughters, namely, the defendants 5 and 6 and a son, namely, the 7th defendant herein.

3.3. The second brother of the plaintiff died leaving the defendants 8 to 11 as his legal heirs. The third brother of the plaintiff - Rajaiah died on 23.12.2002 leaving the defendants 12 to 14 as his legal heirs and they are also entitled to undivided ¼th share in the plaint schedule properties. Similarly, the defendants 8 to 11 and 12 to 14 are entitled to ¼th share each being the legal representatives of two other brothers of the plaintiffs. A portion of the suit property, namely, an extent of 5 cents of lands in Survey No.852/1B was sold to the United Volunteers Service Society in the year 1999 by the plaintiff for himself and on behalf of the other members of the family. The said 5 cents of land was sold so as to get access to the said property from the main road. The suit properties are the joint family properties and jointly enjoyed by the plaintiffs and the defendants since defendants were not agreeable for partition, despite a request by the plaintiffs for the same the suit came to be filed. The suit was contested by the defendants 1 to 7, the appellants herein. The defendants 1 to 7 admitted in their written statement that the suit property originally belongs to Sudalamithu and that he died in the year 1959 without leaving any legal heirs. The appellants also admitted the relationship of the plaintiffs and other defendants.

3.4. However, it is the specific case of the defendants that one of the sons of Arumugam (Junior), by name, Ponnusamy, father of the defendants 1 to 3 alone was enjoying the suit property even during the life time of the said Sudalaimuthu.

3.5. The appellants obtained separate patta in the year 1983 with the knowledge of the other brothers. The appellants also pleaded that they have prescribed title by ouster. The appellants have also attacked the sale deed that was executed by the plaintiff in favour of the United Volunteers Service Society in respect of the 5 cents of lands in the year 1999. Hence, they also preferred a counter claim for declaration that the sale deed executed by the plaintiff on 20.12.1999, is invalid. The appellants have further pleaded that there was a partition among the defendants 1 to 7 on 14.05.2007 and that they are enjoying the properties as per the partition effected among themselves from the date of partition. The defendants 9 to 11 filed a written statement supporting the case of the plaintiffs. They have also prefer