R. Subramanian, J.—The plaintiffs in O.S. No.321 of 2004 on the file of the Additional District Judge (FTC) Kancheepuram are the appellants. The suit was filed as O.S. No.109 1993 on the file of the Sub Court, Kancheepuram. Upon transfer to the District Court, the same has been renumbered as above.

2. The plaintiffs sought for partition and separate possession of their 2/12 share in the suit properties and ?th share in the Joint Family businesses. According to the plaintiffs, they are sons of late Ponnusami Mudaliar, who had married their mother Muniyammal in the year 1954, since he had no issues out of the first marriage with one Marahathammal. They would further claim that the suit properties are ancestral properties belonging to the family of the sons of Kurupatha Mudaliar namely, S.K. Ponnusamy Mudaliar, S.K. Thiruvenkata Mudaliar and S.K.Chinnaraj Mudaliar.

3. The plaintiffs would contend that there was no partition between the brothers and as such S.K. Ponnusamy Mudaliar was entitled to ? share in the suit properties. Since the said Ponnusamy Mudaliar died intestate, as his sons born through second wife, the plaintiffs are entitled to a share in the properties of the