1. This second appeal is directed against the judgment and decree dated 24.09.2003 passed in A.S.No.70 of 2003 on the file of the District Court, Thiruvannamalai reversing the judgment and decree dated 20.03.2002 passed in O.S.No.258 of 1997 on the file of the Additional District Munsif Court No.I, Thiruvannamalai.

2. The parties are referred to as per the rankings in the trial court.

3. Suit for declaration and permanent injunction.

4. The suit property originally belonged to Kulla Gounder, who had three sons namely Pattusamy Gounder, Chinnaiya Gounder and Muthusamy Gounder and the three brothers abovestated divided, the properties by way of a registered partition deed dated 26.11.1923 and originally the suit property in suit survey number 29/2, 0.10 cents was kept in common. There was a partition of the abovesaid suit property between the brothers some 60 years ago and the suit property fell to the share of Pattusamy Gounder and he was in possession and enjoyment of the same, till his death and his two sons namely Ganesan and Nanda Gopala Krishnan divided the suit property and other properties by way of registered partition deed dated 07.09.1949 and the suit property fell