T.S. SIVAGNANAM, J.

1. This appeal has been filed by the plaintiffs in O.S.No.26 of 2008 on the file of the Sub-Court, Bhavani. The suit was filed for partition and separate possession and allotment of 95 cents and 54= sq.,ft., in the Suit Schedule properties.

2. The Suit was dismissed by judgment and decree dated 26.10.2015. The appellants filed appeal before the Fourth Additional District Court, Bhavani in A.S.No.4 of 2016, which was dismissed by judgment and decree dated 05.10.2017. Challenging the correctness of the judgments and decrees of the Courts below, the present appeal has been filed by the plaintiffs raising the following substantial questions of law:-

a. Whether the courts below have committed an error in non-suiting the plaintiffs on the basis of the earlier judgment and decree dated 25.03.1968 made in O.S.No.20 of 1968 (Ex.A10 and Ex.A11), by ignoring factum of the release deeds dated 22.04.1968 (Ex.A1) and 02.05.1968 (Ex.A2), executed by the plaintiffs therein in favour their brothers?

b. Have not the courts below erred in faulting the plaintiffs in the present suit for ignoring the alienations made prior to the preliminary decree dated 25.03.1968 made in O.S.N