J U D G M E N T

The 4th defendant is the appellant in this Second Appeal.

2.Respondents 1 to 6/plaintiffs filed a suit seeking for the relief of declaration to declare the sale deed dated 31.12.1989 executed by the 1st defendant in favour of the 2nd and 3rd defendants as null and void and for the relief of partition pertaining to the “B” schedule property and for allotment of 5/6th share in favour of the plaintiffs.

3.The case of the plaintiffs was that the suit property originally belonged to their grandfather Muniyan and he died intestate leaving behind his son Ezhumalai, who is the 1st defendant in this suit. The 1st defendant was doing agriculture. He married one Krishnaveni and out of the said wedlock, the 1st and 2nd plaintiffs were born. On her death, the 1st defendant married the 3rd defendant and plaintiffs 4 to 6 were born to the

3rd defendant.

4.The further case of the plaintiffs is that the 1st defendant started leading a wayward life and failed to maintain the plaintiffs and was selling the properties unilaterally even though the properties were in the nature of joint family properties. The 1st defendant sold the “A” schedule property in favour of the 2nd and 3rd defendants