JUDGMENT :

J. NISHA BANU, J.

1. The concurrent judgments and decrees passed in O.S. No. 161 of 1999 by the learned Additional District Munsif, Tuticorin and in A.S. No. 34 of 2003 by the learned Principal District Judge, Tuticorin are being challenged in these second appeals.

2. The appellant as well as 2nd respondent as plaintiffs had instituted O.S. No. 161 of 1999 on the file of the trial Court for the reliefs of declaration and permanent injunction in respect of the suit properties, wherein the respondents 1 and 3 have been shown as defendants.

3. For better appreciation and understanding, the parties are referred to as per their ranking in the suit.

4. According to the plaintiffs, the suit schedule properties ancestrally belonged to the father of the plaintiffs, namely, Mohamed Serammali Maraicayar and the patta also stood in his name. On 30.04.1987, they effected partition in respect of their family properties including the suit properties, in which, the 1st schedule property was allotted to the share of the 1st plaintiff and the 2nd schedule property was allotted to the share of the 2nd plaintiff. After partition, they are in enjoyment of their respective shares. Since the 1st pl