(b) After the death of the said Venkatapathy Reddiar, the dispute arose between the parties. The defendants filed a suit for declaration of title of A schedule properties herein, as if the entire properties belong to them, i.e. in O.S.No.94 of 1975 on the file of the Subordinate Judge's Court, Cuddalore. After contest, the trial Court granted decree in favour of the plaintiffs, subject to some rights of the plaintiffs 2 to 5 herein. Against the said decree, the plaintiffs and the defendants have filed separate First Appeals, in A.S.No.112 of 1978 and A.S.No.127 of 1978 on the file of the District Court, Cuddalore. The First Appeals filed by the defendants in A.S.No.112 of 1978 was dismissed and the First Appeal filed by the plaintiffs in A.S.No.127 of 1978 was allowed, against which, the defendants herein filed Second Appeal in S.A.No.1310 of 1981 before this Court, which was dismissed, holding that the marriage between the first plaintiff and the deceased Venkatapathy Reddiar is valid and the children born to them, namely the plaintiffs 2 to 5 are born through a valid marriage. In paragraph 39 of the judgment, this Court observed that, "the defendants are held to be legally entitled to share in the joint family properties and the plaintiffs (defendants herein) are not entitled to claim either the declaration of their exclusive title or the relief of injunction. The plaintiffs and defendants are jointly entitled to the suit properties and other properties of the family."
