Judgment :-

(Prayer: Second Appeal has been filed under Section 100 of CPC against the Judgement and Decree in A.S. No.34/1984 on the file of the Subordinate Judge, Tirupattur dated 29.06.2001 in confirming the judgment and decree in O.S.No.199/1977 on the file of the Principal District Munsif, Tirupattur and dated 10.01.1984.)

1. Challenge in this second appeal is made to the Judgement and Decree dated 29.06.2001 passed in A.S. No.34/1984 on the file of the Subordinate Court, Tirupattur, confirming the judgment and decree dated 10.01.1984 passed in O.S.No.199/1977 on the file of the Principal District Munsif Court, Tirupattur.

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

3. The defendants 2 to 4 in O.S.No.199 of 1997 are the appellants in this second appeal.

4. Suit for declaration and permanent injunction.

5. The case of the plaintiff, in brief, is that the plaintiff, the first defendant and one Govindasamy are the sons of the deceased Venkatesa Gounder and they constituted a Hindu Joint family and there was a partition in the year 1964 and in that partition 1.79 acre in Survey No.178/3 and 0.23 1/2 cents in Survey No.88/7 of the