The captioned second appeal is filed by the

unsuccessful plaintiffs assailing the concurrent judgments

of the Courts below wherein appellants' suit seeking relief

of partition is dismissed.

For the sake of brevity, the parties are referred

to as per their rank before the trial Court.

It would be useful for this Court to cull out the

family tree which is as under:

Subrayya

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Nanjundaswamy Mohan Swamy Subramany Salamma

1980

(Issue Less)

1970

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1985

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Varadaraj

Jayamma

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D2

D3

Baby

Dhanalakshmi

- 5 -

The plaintiffs are the legal heirs of one

Subramani who are seeking share in the property left

behind by their paternal uncle Mohanswamy who died

issueless. Before I advert to the contentions of the

plaintiffs herein, I deem it necessary to cull out the

relevant portion at paragraph 2 of the plaint which reads

as under:

2. One Sri. S. Mohana Swamy Mudaliar was the

absolute owner and in possession of site bearing No.

25/6, bounded on East by : Road, West by: Private site,

North : Road and South by: Priva