The second and third plaintiffs in O.S.No.127 of 1990 on the file of the Principal Subordinate Court, Tirunelveli, have been filed the present appeal suit, challenging the judgment and decree dated 16.12.1991.

2. Simultaneously, the 3rd defendant had filed cross objection in Crs.Obj.No.110 of 1991, also being aggrieved by the judgment and decree.

3. O.S.No.127 of 1990 had been filed by three plaintiffs, K.Subbarao, S.Varadarajan and S.Nagarajan against three defendants, K.Srinivasa Rao, S.Raman and Jothi Manickam. The first plaintiff, K.Subbarao was the father of the second and third plaintiffs, S.Varadarajan and S.Nagarajan. The first defendant, was the brother of the first plaintiff and also the father of the second defendant. The third defendant, Jothi Manickam, was a third party purchaser of the suit property.

4. The suit property was originally owned by Krishnamachariar, father of the first plaintiff and first defendant. He died intestate. After his death, the first plaintiff and the first defendant thought it fit to partition the joint family property and they had executed a registered partition deed on 12.10.1987. The adult sons, namely, the 2nd and 3rd plaintiffs and