JUDGMENT :

P. Rajamanickam, J.

1. This Second Appeal has been filed by the Plaintiffs 2 & 3 against the Judgment and Decree passed by the Additional District Judge-cum-Chief Judicial Magistrate, Salem in A.S. No. 14 of 2000 dated 7.8.2000 reversing the Judgment and Decree passed by the II Additional District Munsif, Salem in O.S. No. 134 of 1994, dated 30.9.1999.

2. One Pachaiappan had filed a Suit in O.S. No. 134 of 1994 on the file of the II Additional District Munsif, Salem, to set aside the Decree passed in O.S. No. 826 of 1985 on the file of the District Munsif, Salem and to restrain the Defendants and their men from in any manner interfering with his peaceful possession and enjoyment of the Suit property by means of a Permanent Injunction. During pendency of the said Suit, the said Pachaiappan died and hence, his sons have been impleaded as Plaintiffs 2 & 3. Subsequently, the Plaint has been amended and a prayer has been included to declare the title of the Plaintiffs to the Suit property. The learned II Additional District Munsif by the Judgment, dated 30.9.1999 had decreed the Suit as prayed for with costs. Aggrieved by the same, the Defendants had filed an Appeal in A.S. No. 14 of 2000 on the file of the I Additional District Judge-cum-Chief Judicial Magistrate, Salem. The learned I Additional District Judge-cum-Chief Judicial Magistrate, Salem by the Judgment, dated 7.8.2000 had allowed the said Appeal with costs and set aside the Judgment and Decree passed by the Trial Court and dismissed the Suit. Feeling aggrieved, the Plaintiffs 2 & 3 have filed the present Second Appeal.

3. For the sake of convenience, the parties are referred to as described before the Trial Court.

4. The averments made in the Plaint are in brief as follows:

(a) The Plaintiffs are the absolute Owners of the Suit property. The First Plaintiff's grandfather Arumuga Gounder gave his properties to his sons viz., Natesa Gounder, Muthuvel Gounder, Vadivel Gounder, Rathinavel Gounder and Kolandai Gounder by means of a registered Settlement Deed, dated 1.11.1947. In the said document, he instructed his sons that all of them should get equal shares in the properties. Accordingly, after his death, his sons divided the properties orally and they took separate possession of their respective shares and separate Patta also has been given in respect of their shares. In the said Oral Partition, the First Plaintiff's father Vadivel Gounder got properties in S. No. 83/13 part, 83/7, 82/4 & 85/7 in Jagir Reddypatty village, Salem Taluk. The said Vadivel Gounder and other sharers were having houses in S. No. 83/13 and the said Survey Number has been sub-divided according to Oral Partition and construction of the houses. In this S. No. 83/13, the portion allotted to the Vadivel Gounder in the Oral Partition has been sub-divided as S. No. 83/13 B. There are two houses in S. No. 83/13B. In an oral arrangement, the First Plaintiff took one house which is situated on the West and the other house which is situated on the East was given to the First Plaintiff's brother Palaniswamy. The house given to the First Plaintiff in the said S. No. 83/13B is the Suit property.

(b) the First Defendant is the husband of the Second Defendant. The First Defendant's father Natesa Gounder and the First Plaintiffs father Vadivel Gounder are brothers. In the Oral Partition between them and their brothers, the said Natesa Gounder got another house in S. No. 83/13. The Second Defendant had purchased the house on the east of the Suit property from the First Plaintiff's brother Palaniswamy under a Sale Deed, dated 14.10.1981. Of late, the Defendants developed enmity towards the First Plaintiff and his father Vadivel Gounder and brother Palaniswamy. They filed many false cases against the First Plaintiff, his brother and all the family members. In all the Criminal cases, the First Plaintiff and his Family Members were acquitted. The Civil Suits also dismissed as false. While so, the First Defendant i