M. SUNDAR, J.

1. Adversaries in this lis are half brothers. Adversaries in this lis are sons of one A. Chockalingam. On one side is one Dr. A.C. Murugesan, only son of A. Chockalingam, through his first wife Thangammal. On the other side are A. Chockalingam's three sons C. Veluchamy, C. Shanmugham and C. Pandikannan, through his second wife Rukmaniammal. Dr. A.C. Murugesan's daughter M. Sharmila Devi, is also party to the lis.

2. The genealogy as set out in the plaint is extracted and reproduced infra for the sake of clarity. Genealogy as contained in paragraph No.3 of the plaint is as follows:

A. Chockalingam

Thangammal

(First wife)

Died on 22-11-1993 Rukmaniammal

(Second wife)

Died in the year 1972

Dr. A.C. Murugesan

(First defendant)

Minor Sharmila Devi

(Second defendant)

Veluchamy (P1) Shanmugham (P2) Pandikannan (P3)

3. To be noted, there is no dispute or disagreement with regard to the aforesaid genealogy.

4. This litigation commenced when aforesaid Dr. A.C. Murugesan, filed a suit in O.S.No.600 of 1994, on the file of Additional District Munsif Court, Madurai Town, on 26.04.1994. Aforesaid C.Veluchamy, C. Shanmugham and C. Pandikannan, on 25.05.1994 filed a suit in O.S.No.553 of 1994, on the file of 'Principal Sub Court, Madurai' hereinafter referred to as 'trial Court', for the sake of convenience and clarity. To be noted, aforesaid suit filed by Dr. A.C. Murugesan was also transferred to the trial Court and assigned the number O.S.No.600 of 1994.

5. Going by the suit numbers in their sequence, 'O.S.No.553 of 1994' is referred to as 'senior suit' and 'O.S.No.600 of 1994' is referred to as 'junior suit'. As the instant second appeal arises out of senior suit, the parties in the instant second appeal are referred to by their respective ranks in the senior suit. In other words, 'C.Veluchamy, C.Shanmugham and C.Pandikannan' are collectively referred to as 'plaintiffs'. If need arises to refer to them independently, they would be referred to as 'first, second and third plaintiff', respectively. 'Dr. A.C. Murugesan and his daughter M. Sharmila Devi' shall be collectively referred to as 'defendants' (based on their rank in the senior suit) and wherever need arises to refer to them independently, they shall be referred to as 'first and second defendants' respectively.

6. Nucleus of the litigation is a property being land admeasuring 5 cents or thereabouts with superstructure thereon being Plot No.8, Door No.29- A, Sankar Nagar Second Street, Madurai. For the purpose of clarity, the schedule of property as set out in the plaint is extracted and reproduced infra. The same reads as follows:

"SCHEDULE OF PROPERTY

Madurai District, Tallakulam Sub. District, Madurai North Taluk, Tallakulam Village, K.Pudur, Sankar Nagar Second Street in R.S.No.177/1, Block No.3 house building bearing Plot No.8, Door No.29-A, (Assessment No.7704) measuring 5 cents which is situate within the following four boundaries and measurements:

North by East-West Road

South by Plot No.8 in Block No.4

East by Plot No.9 in Block No.3

West by Plot No.7 in Block No.3

within these the house building measuring East-West on the northern and southern sides 36 feet; and North-South on the eastern and western sides 61 feet; with all the appurtenances."

7. The aforesaid property shall hereinafter be referred to as 'suit property', for the sake of convenience and clarity.

8. Senior suit was filed by the three plaintiffs, seeking partition of the suit property and 1/4th share to each of them. In other words, it is the plea of the three plaintiffs that the three plaintiffs and the first defendant are entitled to 1/4th share in the suit property, which admittedly is the self acquired property of aforesaid Chockalingam, who acquired the same by a sale deed dated 19.07.1962 (Ex.A.1).

9. The junior suit was filed by first defendant (Dr. A.C. Murugesan), against the three plaintiffs with prayers for injunction qua suit property.

10. Both the suits were tagged and trie