JUDGMENT

The plaintiffs in O.S.No.388 of 1997 on the file of the Principal Sub Court, Tiruchirappalli are the appellants in this second appeal. The appellants 1 to 3 herein along with the deceased fourth appellant filed the said suit for partitioning and allotting 4/15th share in the suit schedule property. The genealogy is as under:-

Chinnathambi Lachuumayee Neelambal Sannasi Kantham(P1) Palaniyandi Saraswathi(D3) Subramani(D1)

Kamaraj (D2) Kala (P2) Kannagi(P3) Kalyani(P4)

Elango (D4) Sivagami(D5) Poongodi (D6) Tamizharasi(D7)

2. The suit items 1 and 2 stood in the name of Chinnathambi Muthiriyar. There is no dispute that the first item was an ancestral property and that the second item was the self acquired property of Chinnathambi Muthiriyar. The case of the plaintiffs is that during his life time, Chinnathambi Muthiriyar executed Ex.A2 dated 27.10.1981 bequeathing both the items in favour of his sons in equal shares. Of-course, the plaintiffs putforth a claim that the suit first item was also the self acquired property of Chinnathambi Muthiriyar. The case of the plaintiffs was that the Sannasi's family was residing in the suit first item and that Planiyandi's son Elango was attemp