JUDGMENT :

(Prayer: First Appeal filed under Section 96 of Civil Procedure Code, against the judgment and decree passed in O.S.No.80 of 2002, dated 13.12.2007, on the file of the Additional District Judge, Pondicherry, Karikkal.)

Aggrieved over the judgment and decree dated 13.12.2007, passed in O.S.No.80 of 2002, on the file of the Additional District Court, Pondicherry, Karikkal, the plaintiffs have preferred the first appeal.

2. For the sake of convenience, the parties are referred to as per their rankings in the trial court.

3. Suit for partition and mesne profits.

4. Briefly stated, according to the plaintiffs, one Kandiah Chettiar purchased the plaint schedule property under a Vente Grosse dated 13.06.1910, within the specific boundaries and as per the practice observed at that point of time, the property has not been described with the extent in the sale deed and Kandiah Chettiar had a brother, by name, Muthiah Chettiar. Vaithialinga Chettiar is the son of Muthiah Chettiar. Kandiah Chettiar brought up the plaintiffs and the first defendant, who are the children of Vaithialinga Chettiar and out of the love and affection, Kandiah Chettiar bequeathed the suit property in favour of t