1. Challenge in this second appeal is made to the judgment and decree dated 03.08.2001 passed in A.S.No.165 of 1994 on the file of the Subordinate Court, Ariyalur confirming/modifying the judgement and decree dated 18.08.1994 passed in O.S.No.477/1989 on the file of the District Munsif Court, Jayangondam.

2. The second appeal has been admitted on the following substantial question of law:

Whether the judgments of the Courts below are sustainable in the absence of any finding with reference to family partition and the allotment of share of to Palanivel to an extent of 95 cents which he has already sold, still he is entitled to get eighty cents which he has sold to the respondent/defendant.

3. Considering the scope of the issues involved between the parties as regards the subject matter lying in a narrow compass, it is unnecessary to dwell into the facts of the case in detail.

4. Suffice to state that the suit has been laid by the plaintiff for declaration and permanent injunction.

5. From the materials placed on record, it is found that Sengamuthu Padayachi had four sons namely the plaintiff, Govindhasamy, Vadivel and Palanivel. Vadivel had died in the year 1969 and he is succe