JUDGMENT

The above second appeal arises out of the judgment and decree dated 17.02.20151 made in A.S.No.18 of 2013 on the file of learned Additional District Judge, Dharmapuri, reversing the judgment and decree dated 13.08.2012 made in O.S.No.103 of 2002 on the file of Subordinate Judge, Dharmapuri.

2. The appellants are the plaintiffs in O.S.No.103 of 2002 on the file of Subordinate Judge, Dharmapuri. They have filed the said suit for the relief of partition, separate possession and for permanent injunction.

3.The case of the plaintiffs is that they are the children of the 1^st defendant/2^nd respondent. The suit property belongs to the Hindu Joint family of the plaintiffs and defendants 1 and 2/respondents. The property has been inherited by the 1st defendant as per the Partition deed entered between the 1st defendant and his family members on 11.10.1976 and through the said partition deed, the 1^st defendant became the owner of the suit property. He has constructed a Theatre in the suit property by way of selling some of his properties allotted to him. Thereafter, the defendants 1 and 2 were leading a luxurious life and they were creating encumbrance over the joint family properties.