JUDGMENT :

Prayer: Second Appeal is filed under Section 100 of C.P.C, against the judgment and decree dated 31.08.1998 in A.S.No.54 of 1994 on the file of the Principal Sub Court, Tenkasi preferred against the judgment and decree dated 21.02.1994 in O.S.No.525 of 1988 on the file of the District Munsif Court, Tenkasi.

1. The defendants are the appellants.

2. The plaintiffs filed O.S.No.525 of 1988 before the District Munsif Court, Tenkasi for declaration of title and permanent injunction. The suit was decreed by the trial Court. The defendants filed A.S.No.54 of 1994 before the Principal Subordinate Court, Tenkasi challenging the decree passed by the trial Court. The plaintiffs filed a cross appeal challenging a finding of the trial Court. The First Appellate Court dismissed the appeal filed by the defendants and allowed the cross appeal filed by the plaintiffs. As against the same, the defendants have filed the above second appeal.

3. The plaintiffs had contended that the plaint schedule property belonged to the family of brothers Theertharappa Mudaliar and Nagappa Mudaliar. According to the plaintiffs, both the brothers have entered into a partition on 25.03.1916. In the said partiti