JUDGMENT/ORDER

G K Ilanthiraiyan, J. - S.A.No.1735 of 2002:-

1. This second appeal is directed as against the judgment and decree dated 02.04.2001 made in A.S.No.1 of 2001 on the file of the Principal District Court, Erode, confirming the judgment and decree dated 31.10.2000 made in O.S.No.277 of 1998 on the file of the Principal District Munsif Court, Erode.

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

3. The case of the plaintiff in O.S.No.277 of 1998 in brief is as follows:-

3.1.The suit is filed for permanent injunction. The plaintiffs' father and the defendants' father are brothers, who were born to one Ponnuswami Gounder. Among themselves, they partitioned joint family property by partition deed dated 29.03.1988. Accordingly, they are in possession and enjoyment of their respective shares. While being so, the plaintiff's father viz., Muthuswami died on 23.02.1995 and after his demise the plaintiffs are in possession and enjoyment of the property which was allotted to their father. They also mutated all the revenue recorded in their name and they also regularly paid kist to the property.

3.2.In the partition deed dated 29.0