JUDGMENT

(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree of the Subordinate Court, Periakulam, dated 22.12.1994 and passed in A.S.No.15 of 1990 confirming the judgment and decree of the District Munsif Court, Uthamapalayam, dated 27.10.1989 and passed in O.S.No.4 of 1986.)

1. The plaintiffs are the appellants herein.

2. The plaintiffs had filed O.S.No.4 of 1986 before the District Munsif Court, Uthamapalayam for the relief of declaration of title, permanent injunction and mandatory injunction and for consequential reliefs. The suit was dismissed by the trial Court. The plaintiffs filed A.S.No.15 of 1990 before the Sub Court, Periyakulam. The learned Subordinate Judge was pleased to concur with the findings of the trial Court and dismissed the appeal. As against the concurrent findings, the present Second Appeal has been filed.

3. The plaintiffs have contended that the suit schedule properties originally belonged to three persons namely, Velayutham Pillai, Arunachalam Pillai and Sankaralingam Pillai who are all the sons of one Adhinarayana Pillai. Each one of the brothers were entitled to 1/3rd share and the Eastern portion belo