J U D G M E N T

Aggrieved over the concurrent findings made in O.S.No.664 of

1996 dated 29.01.2007, on the file of the learned Additional District Munsif, Vellore and in AS No.23 of 2007 dated 05.12.2007 on the file of the learned Subordinate Judge, Vellore, the plaintiffs 2 to 6 in OS No.664 of 1996 have preferred the Second Appeal, praying to set aside the dismissal orders passed by the Courts below.

2. For the sake of convenience, the parties are arrayed as per their own ranking before the trial Court.

3. The laconic averments made in the plaint, are as follows:

(i) The 1st plaintiff Natarajan (died) and Sundaresa Mudaliar are the sons of Rajagopal Mudaliar. Defendants 1 to 3 are the sons of Sundaresa Mudaliar and the 4th defendant is the widow of Sundaresa Mudaliar.

(ii) The 1st plaintiff, Sundaresa Mudaliar and their father Rajagopal Mudaliar constituted a Hindu Undivided Joint Family. The properties set out in schedule 'A' of the plaint are the joint family properties. The other brother Sadasivam had been adopted to his grandfather Murugesa Mudaliar and hence, he is not a member of the joint family and not entitled to any share in the joint family properties. Apart from those pers