JUDGMENT :

This Second Appeal has been preferred against the judgment and decree dated 13.06.2007 of the learned Additional District Judge, Fast Track Court, Ariyalur in A.S.No.93 of 2003.

2. The deceased appellant was the sole defendant in the suit and the appellants 2 to 5 are his legal representatives.

3. The avernments of the parties in brief :-

The father of the defendant namely Rathina Mudaliyar is the son of one Arumuga Mudaliyar. Rathina Mudaliyar has got a brother by name Chockalinga Mudaliyar. The portions shown as G2 G1 G C D D1 B A1 A A2 in the suit plan are the portions of house and garden fell to the share of Rathina Mudaliayar. The portions shown as A2 AA1 BB1 M K2 K1 K is allotted to the share of Chockalinga Mudaliyar. After the demise of Chockalinga Mudaliyar, his son Thangavel Mudaliyar inherited his father’s share and was in enjoyment of the same. He sold the garden portion to his paternal uncle Rathina Mudaliyar. After purchasing the above said portions, Rathina Mudaliyar was in enjoyment of the same along with his share.

3.1 There is a cow shed in the property enjoyed by Rathina Mudaliyar and it is shown in the plaint plan as G2 G1 A K1 K A2. Rathina Mudaliyar used