JUDGMENT :

S.S. Sundar, J.

1. The plaintiffs in the suit in O.S. No. 141 of 2006 on the file of the Subordinate Court, Tuticorin, are the appellants in this second appeal.

2. The appellants filed the suit in O.S. No. 141 of 2006 before the Subordinate Court, Tuticorin for partition of their 1/6 share.

3. The brief facts, that are set out in the plaint, are as follows:

3.1. The suit properties belonged to one P.S.P.K. Jeyaraj Pandian, father of plaintiffs and defendants 2 and 3. The first defendant, namely, Rajathiammal, is the mother of plaintiffs and defendants 2 and 3. The plaintiffs' father died intestate, all of a sudden, due to illness on 26.06.2005 as a Hindu, though he was hale and healthy earlier. He never executed any Will. After the death of the father of the plaintiffs, the suit properties were jointly enjoyed by the plaintiffs and the defendants.

3.2. Though the first defendant agreed to divide the property and to allot the plaintiffs' share, at the instance of defendants 2 and 3, the first defendant is delaying. When demanded by the plaintiffs during February'2006, the defendants 2 and 3 refused to divide the property, but compelled the plaintiffs to execute a release deed,