JUDGMENT :

R. Kalaimathi, J.

[PRAYER: Appeal is filed under Section 96 of C.P.C., r/w. Order 41 Rules 1 and 2 of Civil Procedure Code against the Judgment and Decree made in O.S.No.2 of 2008 dated 04.02.2011 by the Additional District and Sessions Court / Fast Track Court, Vellore.]

The defendants No.3 to 9 in O.S.No.2 of 2008 have preferred this appeal against the judgment and decree passed in O.S.No.2 of 2008 on the file of the Additional District Court, Vellore on 04.02.2011.

2. The grand children of Tmt.Amaravathi Sadakaran, namely Rajendran and Sampath (sons of Chinnakuzhandai Gounder) had filed the suit in O.S.No.2 of 2008 for partition of 1/3rd share in the suit properties and for possession.

3. The defendants are the legal heirs of Veerabathiran and Perumal who are the brothers of Sadakaran @ Ponnusamy Gounder.

4. According to the plaintiffs, the suit properties originally belonged to one Thanjan Gounder and his wife Ponnammal. Out of 5 items shown in the plaint, the 1st item was purchased by the said Thanjan Gounder by way of registered sale deed dated 22.12.1909. The 2nd item was purchased by the said Thanjan Gounder by way of registered sale deed dated 12.10.1911. The 3rd item