JUDGMENT :

(Common Prayer: Second Appeal filed under Section 100 of CPC, 1908 against the decree and judgment dated 20.02.1998 passed in A.S. Nos 259 and 201 of 1997 respectively, on the file of the II Additional District Court, Erode, reversing the decree and judgment dated 24.02.1997 in O.S. No.569 of 1990 on the file of the Principal Sub Court, Erode.)

1. The appellants in both the appeals are the plaintiffs in O.S.No.569 of 1990 on the file of the Principal Subordinate Judge, Erode. They filed the suit for partition of the suit properties into 32 equal shares and to allot 11 such shares to them.

2. For the sake of convenience, the parties are referred to as per their ranking in the trial court and at appropriate places, their ranking in the present appeal would also be indicated.

3. Brief facts of the case of the plaintiffs:-

The plaintiffs are the legal heirs of late Thirumalaisamy. The first defendant and Thirumalaisamy are brothers born to one Athiappa Gounder. Athiappa Gounder had ancestral properties and purchased several properties including suit items 4, 4A and 5 through the income generated from the common nucleus. Late Thirumalaisamy, during his lifetime, was not in sound s