JUDGMENT :

N. Sathish Kumar, J.

1. Aggrieved over the decree and Judgment of the Trial Court decreeing the suit for declaration and recovery of possession and also arrears of rent, the present appeal is filed by the un-successful defendants.

2. For the sake of convenience, the parties are referred to herein as per their ranking before the trial Court.

3. The case of the plaintiff, in brief, is as follows:

(i) The plaintiff's husband viz., Arunachalam Chettiyar, first defendant and one Chidambaram Chettiyar are the brothers and sons of one NAR. N. Nachiappa Chettiyar. There was a partition between father and sons on 28.12.1942. By the said partition, "B" schedule properties referred in the partition deed were allotted to the share of the first defendant, besides undivided common portion of the house which could not be partitioned. After the partition, the said NAR. N. Nachiappa Chettiyar and sons were enjoying their respective partitioned portions of properties separately and using the undivided common portion as co-owners as they are not partible.

(ii) One Vairavan Chettiyar of Kandanur filed a suit against the first defendant in O.S. No. 30 of 1958 on the file of District Munsif Court,