JUDGMENT

The plaintiffs are the appellants. They assail the judgment and decree of the court of II Additional District and Sessions Judge cum Chief Judicial Magistrate, Dharmapuri at Krishnagiri in A.S.No.57 of 1989 dated 15.09.2000 in partly confirming the judgment and decree of the court of the Subordinate Judge at Dharmapuri in O.S.No.28 of 1989 dated 21.08.1989 and thereby dismissing their suit for declaration of title and for permanent injunction.

2. The plaintiffs are the nephews of the defendants. Originally, the suit was presented before the learned Subordinate Judge at Krishnagiri in O.S.No.66 of 1984. Subsequently, the same was transferred to the file of the learned Subordinate Judge at Dharmapuri and renumbered as O.S.No.28 of 1989.

3. For the sake of convenience, the parties shall be referred to as per their ranks in the suit.

Case according to the plaint

4. The plaintiffs pleaded that the suit schedule properties, amongst other properties, belonged to one Marula Siddhappa Chettiar. He was the paternal grandfather of the plaintiffs. The said Marula Siddhappa Chettiar had four sons, namely,

(i) M.Basavaraj;

(ii) M.Sadasivam;

(iii) M.Duraiswami; and

(iv) M.Sidhanandam.

5. The plain