JUDGMENT

The appellants are the defendants in a suit for declaration and recovery of possession. The plaintiff filed the suit to declare his right to an extent of 2 acres, excluding 10 cents of common family temple property and for a consequential decree for recovery of possession of 16 cents from the defendants.

2.It is the case of the plaintiff that the plaintiff and the 1st defendant are brothers, being sons of one Valliya Gounder, whose title is admitted by both the parties. The son of the 1st defendant is the 2nd defendant, the wife of the 1st defendant is the 3rd defendant, the 5th defendant is the daughter of the 1st defendant, the 4th defendant is the husband of the 5th defendant (Son-in- law of defendants 1 and 3) and the 6th defendant is the son of defendants 4 and 5. According to the plaintiff, his father conveyed the property of an extent of 65 cents to the 1st defendant, by way of a registered sale deed, which is not in dispute. Subsequently, the remaining property measuring 2 acres has been settled on the plaintiff. The allegation of the plaintiff is that the defendants have encroached an extent of 16 cents into his 2 acre property and therefore, the suit was filed.

3.T