JUDGMENT

This second appeal is directed as against the judgment and decree dated 01.03.2005, in A.S.No.29 of 2004 on the file of the District Court at Ooty, reversing the judgment and decree dated 12.07.2004 in O.S.No.225 of 1998 on the file of the Sub Court at Ooty.

2. For the sake of convenience, the parties are referred to as per their rankings in the trial Court.

3. The case of the plaintiffs in brief is as follows :-

3.1. The suit is filed for declaration and partition. The plaintiffs are the sons of one, Joghee, who is the husband of the fourth defendant herein. The suit property originally belonged to the plaintiff’s father and after his demise, the plaintiffs and the fourth defendant, who is the mother of the plaintiffs, are being the legal heirs of the deceased Joghee, had been in possession and enjoyment of the suit property along with other properties left by him. The fourth defendant is being the guardian of the minor plaintiffs had been managing the suit properties left by him including the suit properties. The suit properties are well developed tea estates yielding an average income of more than Rs.40,000/- per month.

3.2 Further stated that apart from the suit properti